Comments Due on §101 Patent Eligibility Guidance


Back in July 2022, the new Director of the USPTO, Kathi Vidal, announced that the USPTO would be seeking comments on its anticipated guidance on §101 patent-eligibility. The deadline for those comments is rapidly approaching on September 15, 2022. The announcement was made against the backdrop of the USPTO’s release of a report to Congress …

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USPTO Begins ID Verification for Trademark Applications

IP Practicum trademark

On June 30, 2022, the USPTO’s new Director, Kathi Vidal, discussed the new identity verification requirements for filing of new trademark applications, commencing on August 6, 2022 (just in five days from now). The new ID verification follows from the Trademark Modernization Act and the USPTO’s crackdown on fraudulent trademark applications and fraud-upon-the-office issues which …

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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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