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David Ruschke Appointed Patent Trial and Appeal Board Chief Judge

David Ruschke Appointed Patent Trial and Appeal Board Chief Judge

Washington – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the appointment of David P. Ruschke as new Chief Judge for the Patent Trial and Appeal Board (PTAB). Ruschke will begin his new role at USPTO headquarters in Alexandria, VA, on May 23, 2016. “The Patent Trial and Appeal Board plays […]

THE CUMULATIVE EFFECTS

THE CUMULATIVE EFFECTS

The unforeseen consequences of the problems associated with the office’s use of the BRI standard adversely affect the pragmatic arguments in support of the non-reviewable provision of 35 U.S.C. § 314(d) in the first place. Hypothetically setting the constitutional concerns aside and focusing purely on pragmatism it would seem that if the USPTO used the […]

THE DIFFERING CLAIM INTERPRETATION METHODS

THE DIFFERING CLAIM INTERPRETATION METHODS

The USPTO uses a claim interpretation standard known as the “Broadest Reasonable Interpretation” during administrative trials. This method, while similar to that used at District Courts is notably more expansive – meaning it has the ability to infuse additional ambiguity into claim language and the potential to invalidate more patents than the “ordinary meaning” standard […]

Bulgarian school celebrated World Intellectual Property Day

Bulgarian school celebrated World Intellectual Property Day

Jordan Yovkov” School in Sofia, Bulgaria celebrated World intellectual property day in cooperation with the portal for intellectual property ipbulgaria.bg. There was a presentation for the students of class 11a entitled “April 26, World Intellectual Property Day.” The aim was to raise awareness among students – their understanding of intellectual property. To get acquainted with […]

THE NON-REVIEWABILITY PROVISION AND ITS IMPLICATIONS

THE NON-REVIEWABILITY PROVISION AND ITS IMPLICATIONS

The America Invents Act (“AIA”) stipulates that the USPTO’s decision regarding the institution of a post-grant trial proceeding shall be final and non-appealable. This seemingly straightforward pragmatic law aims to delegate authority to the USPTO over matters that it possesses expertise on and is arguably uniquely situated to determine. However, the issues are more complex than meets […]

Communique by the President of AIPPI regarding World IP Day 2016

Communique by the President of AIPPI regarding World IP Day 2016

On April 21, 2016 the President of AIPPI (International Association for the Protection of Intellectual Property) released a communique regarding World IP Day, which this year is with theme “Digital Creativity: Culture Reimagined”.  Dear AIPPI Friends, On Tuesday, April 26, 2016, I encourage each of you to join with others to mark World IP Day – a day to celebrate […]

HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS "RULE MAKING AUTHORITY"

HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS “RULE MAKING AUTHORITY”

The Supreme Court of the United States is set to hear oral argument in Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016. The landmark case is the first opportunity The Supreme Court will have to weigh in on the constitutionality of the non-appealable provisions of the America Invents Act and the USPTO’s use of the “Broadest Reasonable […]

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OHIM changes its name to EUIPO

The new EU trade mark Regulation enters into force on March 23rd. As a result, the Office for Harmonization in the Internal Market (OHIM) will change its name to the European Intellectual Property Office (EUIPO). The amending Regulation also revises the fees payable to the Office, including an overall reduction in their amounts, particularly in […]

FROSTING DESIGNS CAN BE TRADEMARKS FOR CAKES. HAPPY VALENTINE'S DAY!

FROSTING DESIGNS CAN BE TRADEMARKS FOR CAKES. HAPPY VALENTINE’S DAY!

About a year ago, I reported on the U.S. trademark registration (No.4643246) of a frosting “swirl” design (SWIRL DESIGN) for a cupcake made by the Magnolia Bakery in New York (see a picture of the SWIRL DESIGN (below left) and a photograph of a cupcake with the SWIRL DESIGN (below right). In addition to the […]

IP Risk Management 101

IP Risk Management 101

Q/ What is the connection between IP and risk? Risk is the chance of something going wrong, and the danger that damage or loss will occur. By its very nature, there are both rewards and risks associated with IP. For anyone involved in IP, then IP related risks are part of working life. However many […]

PDX Program Between Taiwan and Korea Commences on January 01, 2016

PDX Program Between Taiwan and Korea Commences on January 01, 2016

Taiwan IP Office (TIPO) and Korea IP office (KIPO) make great strides towards patent examination by signing the MOU of the PDX (electronic exchange of priority documents) program. The PDX program is applied to invention and utility model patent applications first filed with TIPO and KIPO only but not applied to design or trademark applications […]

IP Risk Assessment - Top Down vs Bottom Up

IP Risk Assessment – Top Down vs Bottom Up

IP risk: By its very nature, there are both rewards and risks associated with intellectual property (IP). Given the growing importance of IP across most industry sectors, many organizations are facing a diverse range of IP related risks. Of course, not all IP risks are the same and they may be broken down into a […]

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World Intellectual Property Indicators 2015 – Highlights

WIPO Director General Francis Gurry on the highlights of the World Intellectual Property Indicators 2015 report.

Think about trade secrets when planning for 2016

Think about trade secrets when planning for 2016

Trade secrets: A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers. The scope of trade secrets is virtually unlimited. A trade secret is […]

IP Risk Management - Case III, Law Firm specializing in M&A

IP Risk Management – Case III, Law Firm specializing in M&A

The Law Firm in this particular case study is a reputable boutique Law Firm specializing in the area of small and mid-market M&A deals as well as PE deals. It is headquartered in London but has offices in a number of other key jurisdictions. It has clients across a diverse range of industry sectors including […]