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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 […]
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
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
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
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
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
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 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 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 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”
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!
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
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
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
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 […]