USPTO To Expand Law School Clinic Certification Program

USPTO To Expand Law School Clinic Certification Program

Program now accepting law school clinic submissions on a rolling basis Washington – The United States Patent and Trademark Office (USPTO) announced that it opened the current Law School Clinic Certification Program (Program) to admit additional schools to commence participation in the Program. This Program allows law students to practice patent and/or trademark law before […]

USPTO Seeks Nominations for Patent and Trademark Advisory Committees

USPTO Seeks Nominations for Patent and Trademark Advisory Committees

Nominations must be received by July 25, 2016 WASHINGTON – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 25, […]

TECHNOLOGY PILOT PROGRAM UPDATE

TECHNOLOGY PILOT PROGRAM UPDATE

As reported in the October 12, 2015 Blog post (see USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY), the USPTO launched a program to allow registrants to update registrations that contained outmoded technology in the list of goods/services to new or neutral technology. This would allow registrants to maintain registrations that would otherwise be […]

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 […]

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 […]

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 […]

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 […]

USPTO Opens New Regional Office in Silicon Valley to Empower Entrepreneurs and Create Local Jobs

USPTO Opens New Regional Office in Silicon Valley to Empower Entrepreneurs and Create Local Jobs

The United States Patent and Trademark Office (USPTO) opened a new office yesterday in the heart of the nation’s most celebrated hub of technological innovation: California’s Silicon Valley. “This new office allows the USPTO to create new high-skilled jobs, while also working closely with the West Coast Region’s vast array of innovative industries to expedite […]

USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY - Part II

USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY – Part II

On 12 October we published the first part of “USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY“, reported by Mary B. Aversano. Below is the second part of this useful publication. Important notes: Replacement of old goods with new evolved goods: Amendments are permitted when the trademark owner can show use in connection with the […]

USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY - Part I

USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY – Part I

There have been protests in the trademark community that trademark owners must unnecessarily relinquish registrations or parts of registrations if the manner or medium of the goods/services (collectively “goods”) changed because of technology. An example is a mark originally registered for use in connection with 8-track tapes. Because of changes to technology, the mark owner […]

Announcement of Pilot Program to Allow Amendments to Identifications of Goods and Services in Trademark Registrations Due to Technology Evolution

Announcement of Pilot Program to Allow Amendments to Identifications of Goods and Services in Trademark Registrations Due to Technology Evolution

Announcement of Pilot Program to Allow Amendments to Identifications of Goods and Services in Trademark Registrations Due to Technology Evolution On September 1, 2015, the USPTO will commence a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations that would otherwise be beyond the scope of the current identification. […]

USPTO Proposes Substantial Rule Changes for Post-Grant Proceedings

USPTO Proposes Substantial Rule Changes for Post-Grant Proceedings

The United States Patent and Trademark Office has proposed a substantial number of amendments relating to the rules governing AIA post-grant proceedings, including inter partes review, post-grant review, covered business method patent review, and derivation proceedings. The new rules are intended to reduce the workload of the USPTO’s Patent Trial and Appeal Board (PTAB), which […]

IS IT A PUMPKIN OR JACK-O-LANTERN - Part I

IS IT A PUMPKIN OR JACK-O-LANTERN – Part I

One of the more challenging aspects of clearing a design mark in the United States is finding similar marks that have already been registered with the United States Patent and Trademark Office (“PTO”).  Unlike searching words or phrases, designs are given codes (“coded”) based on 29 Categories found in the PTO’s Design Search Code Manual. […]