Tag: USPTO
Published Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public
January 14, 2025
Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…
Read MoreFederal Circuit Denies Dismissal Request After Issuing Opinion in Cisco v. K.Mizra
August 16, 2024
Cisco Sys., Inc. v. K.Mizra LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified what happens when parties try to dismiss an appeal after the court has already issued its opinion. The case involved Cisco…
Read MoreInvention-Con 2024: Expanding your intellectual property potential
August 1, 2024
The USPTO’s inventors conference will take place August 16-17 in-person and virtually. This free, flagship conference is tailored for the independent inventor and entrepreneur community. Learn how accomplished innovators, inventors, entrepreneurs, and business owners use IP to achieve success, discover…
Read MorePatent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
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…
Read MorePatent Time Limits: When Amending Claims Can Cost You the Patent
May 23, 2024
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…
Read MoreFederal Circuit Overhauls Design Patent Obviousness Test, Making It Easier to Challenge Patents
May 21, 2024
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…
Read MoreUSPTO’s Domicile Address Rule for Trademark Applicants Upheld
February 13, 2024
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…
Read More2024 Black Innovation and Entrepreneurship program
February 5, 2024
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…
Read MoreUSPTO to host webinar series for their new trademark search system.
February 2, 2024
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.
Read MoreSlogan “EVERYBODY VS RACISM” Denied Trademark Protection for Failing to Identify a Single Source
January 22, 2024
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,…
Read MoreUSPTO establishes new pre-application assessment program to help American inventors
December 22, 2023
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…
Read MoreU.S. Patent Milestones
October 25, 2023
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…
Read More