Sequence Listing Big Bang Date Has Arrived

patent PCT

July 1, 2022 is the so-called “Big Bang” deadline for new PCT applications which disclose nucleotide and/or amino acid sequences to be filed using the new WIPO’s ST.26 Standard, rather than the previous ST.25 Standard. WIPO, or World Intellectual Property Organization, is the international agency that administers the Patent Cooperation Treaty (PCT), and had announced …

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New Copyright Claims Board to Accept Claims

CCB copyright

The U.S. Copyright Office announced that it will begin accepting claims at the newly-created Copyright Claims Board (CCB), today, June 16, 2022. The CCB is the small claims tribunal at the Copyright Office created as part of the CASE Act, and is an attempt to provide a lower cost option for copyright holders to seek …

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USPTO Terminating Agreement with Rospatent

patent PCT

Just as the war in Ukraine resulting from Russia’s invasion has passed 100 days, the United States Patent and Trademark Office (USPTO) announced it will terminate its agreement with its Russian counterpart, the Russian Federal Service for Intellectual Property, ​Patents and Trademarks (aka Rospatent), effective December 1, 2022. Rospatent will no longer function as either …

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USPTO Updates Exam Guide for Generic Marks

genericism trademark

On May 23, 2022, the U.S. Patent and Trademark Office updated its exam guideline for examining generic marks, Examination Guide 1-22. The guideline clarifies that the establishment of a prima facie case of generic marks will be based on the reasonable basis standard, which is the same standard used for other substantive refusals of trademark …

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DOJ Urges SCOTUS to Take Up Patent Eligibility

101 patent patent eligible subject matter

On May 24, 2022, the U.S. Solicitor General filed the government’s views on patent subject matter-eligibility as requested by the U.S. Supreme Court way back in May 2021.  The Solicitor General requested that the U.S. Supreme Court grant the petition for certiorari in American Axle & Manuf., Inc. v. Neapco Holdings LLC.[1]  The Solicitor General …

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Spotlight on I.P.: Geographical Indications

geographical indication trademark

When asked to describe what is I.P., most people will reply with a generalized answer of patents, copyrights, or trademarks.  However, the field of intellectual property encompasses more sub-categories than these “Big 3.”  This blog posting will consider one of the many other I.P.s, specifically geographical indications. What is a Geographical Indication (GI)? A geographical …

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First Amendment Trumps Trump

1st amendment section 2(c) trademark

On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster,[1] that Section 2(c) of the Lanham Act (15 U.S.C. §1052(c)) unconstitutionally restricts free speech.  In doing so, the Fed Circuit cleared the way for trademark applicants to utilize their marks used in commerce as a platform to comment …

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Spread Some LOVE . . . Or Not

authorship copyright originality trademark

Today, May 1, is Global Love Day.  To commemorate the day, we spotlight ”love,” specifically the trademark registrations and copyright applications for LOVE.  Registrant At World Properties, LLC, a real estate brokerage company based in Chicago, Illinois, registered two marks with the USPTO, one each stylized trademark and service mark for LOVE®.   The first …

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World I.P. Day

COVID patent

Today, April 26, 2022, is World I.P. Day, where the World Intellectual Property Organization (WIPO), a specialized department of the United Nations, focuses attention on educating the public on all aspects of intellectual property rights and regimes. The theme this year is “IP and Youth.” This blog posting, however, will focus on COVID-19, and specifically …

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U.S. Patent No. PP34,051 P3, for Cannabis Plant Named AV1-1

patent plantIP

Today is an auspicious day for cannabis proponents, so we illustrate one recently issued patent to recognize this date. U.S. Patent No. PP34,051 P3 (‘051) issued on March 22, 2022, for “Cannabis Plant Named ‘AV1-1.’” It was issued to inventor Ytzchak Cohen of Tel Aviv, Israel. The applicant/assignee is Tikun Olam Ltd. of Tel Aviv, …

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