cannabis products

Trademark registration related to cannabis products is still problematic

Cannabis is big business in California and other states, but at this point trademark registration is problematic.

Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC

Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC

Legal issue: 35 USC 316(a)(8), Office Trial Practice Guide, standard for submission of new evidence in support of a request for rehearing. The PTAB relied upon the Trial Practice Guide (TPG), not an enumerated rule, for its precedential holding. That reliance is contrary to a prior policy of the PTAB deeming the TPG to not […]

apple

Apple was granted 63 patents including one for a haptic headset

Apple has been granted 63 patents from the US Patent and Trademark Office. Of the patents granted, one of them describes a device, such as a headset, that can use both audio output and haptics.   

Cannabis-Related Goods

USPTO Issues Examination Guide 1-19 to Update Handling of Cannabis and Cannabis-Related Goods and Services

I.            Introduction As noted in the April 23, 2019 blog, US trademark applications that “identified goods or services involv[ing] the sale or transportation of a controlled substance or drug paraphernalia in violation of the Controlled Substances Act (“CSA”) … would be a basis for issuing an inquiry or refusal.” TMEP §907.  Cannabis products have been considered to […]

women inventors

New report on trends and characteristics of U.S. women inventors

The United States Patent and Trademark Office (USPTO) today released “Progress and Potential: A profile of women inventors on U.S. patents,” a report on the trends and characteristics of U.S. women inventors named on U.S. patents granted from 1976 through 2016.

Laura Peter

Laura Peter – deputy director of the United States Patent and Trademark Office

Secretary of Commerce Wilbur Ross announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]

patent activity

Brief summary of precedential patent case decisions – October 2018

Contained herein are summary abstracts of significant new points of law from the precedential decisions in patent cases this month. Bristol-Myers Squibb Company v. Aurobindo Pharma USA Inc., 17-374-LPS and 17-379-LPS (D. Del. 10/18/2018). This is memorandum opinion by the D. Del. district court. Mylan moved to dismiss or transfer, alleging improper venue pursuant to […]

Trademark manual of examining procedure

Trademark manual of examining procedure

The USPTO has issued the April 2017 Trademark Manual of Examining Procedure (TMEP). This revision clarifies USPTO trademark policies and practices. It includes relevant Trademark Trial and Appeal Board and court decisions reported before March 1, 2017. This revision supersedes prior versions of the TMEP, examination guides, or any other statement of USPTO policy to the extent […]

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 […]

Huawei

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 […]

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    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 the case of trade mark renewal fees. On 23.3. 2016, the Office’s online application forms and fee calculator will be automatically updated to reflect the new system.
    From its base in Alicante, Spain, OHIM has processed more than 1.3 million Community trade mark applications in 23 EU languages, from nearly every country and region in the world, since 1996.

    The Amending Regulation was published on 24 December 2015 and is part of the EU trade mark reform legislative package that also includes the replacement of the existing EU Trade Mark Directive (Directive 2008/95/EC of the European Parliament and the Council).

    OHIM is the EU’s largest decentralised agency. It is entirely self-financed, receiving no funding from the EU Budget. As well as managing the Community trade mark and the registered Community design (RCD), it works in collaboration with the EU national and regional IP offices to build a stronger IP system across the EU for the benefit of users.

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