Patent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited

SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…

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Patent Time Limits: When Amending Claims Can Cost You the Patent

Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…

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Federal Circuit Overhauls Design Patent Obviousness Test, Making It Easier to Challenge Patents

LKQ Corp. v. GM Glob. Tech. Operations LLC Authored by: Jeremy J. Gustrowsky In a major shift for design patent law, the Federal Circuit has thrown out the long-standing Rosen-Durling test, which made it difficult to challenge the validity of…

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USPTO’s Domicile Address Rule for Trademark Applicants Upheld

In re Chestek PLLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified that the U.S. Patent and Trademark Office (USPTO) can require all trademark applicants to provide their actual domicile address—not just a mailing address or P.O. box—when…

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2024 Black Innovation and Entrepreneurship program

On Thursday, February 22nd, the USPTO is hosting the 2024 Black Innovation and Entrepreneurship program, “Innovate, Elevate, and Empower: Connecting the entrepreneur to the innovation ecosystem.” Special guests and expert panelists will discuss resources and services that can help you…

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USPTO to host webinar series for their new trademark search system.

The webinars are intended for both new users and experienced practitioners. Each webinar builds upon the prior event and covers more complex subject matter. For information about this event, including CLE credit, accessibility requests, and registration. please visit USPTO.

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Slogan “EVERYBODY VS RACISM” Denied Trademark Protection for Failing to Identify a Single Source

In re Go & Assocs., LLC Authored by: Jeremy J. Gustrowsky The United States Court of Appeals for the Federal Circuit recently affirmed a decision that denied trademark registration for the phrase “EVERYBODY VS RACISM.” The applicant, GO & Associates,…

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USPTO establishes new pre-application assessment program to help American inventors

The USPTO is accepting candidates until January 31, 2024 for a new pre-application review program called the “Pre-Prosecution Pilot” as part of its continuing commitment to expand access to the innovation ecosystem and support under resourced inventors. The pilot program…

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U.S. Patent Milestones

With intellectual property rights enshrined in the United States Constitution, the patent system is nearly as old as the nation itself. The U.S. government has granted millions of patents since Samuel Hopkins received the first patent in U.S. history on…

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2023 Hispanic Innovation and Entrepreneurship Program

The Hispanic Innovation and Entrepreneurship Program offers opportunities for independent inventors, entrepreneurs, small business owners, and intellectual property (IP) professionals to learn about resources available to the Hispanic innovation community. If you are an innovator or aspire to be one,…

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Beware of spoofed calls that impersonate the USPTO

Phone scammers are attempting to fool applicants into providing personal or payment information by falsely claiming to be an employee with the United States Patent and Trademark Office (USPTO). If you receive a call from someone you suspect is a…

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The USPTO has delayed implementation of the DOCX surcharge

The USPTO has delayed implementation of the DOCX surcharge until January 17, 2024. It has also extended, until further notice, the option to upload a backup PDF without an additional fee. For more details, please visit: USPTO

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