Consistent with its previous fee study authorized by Congress in 2022, the U.S. Patent and Trademark Office (USPTO) is increasing patent fees on a long list of categories. The study culminated in an official proposed fee schedule published in the Federal Register. The USPTO anticipates a gradual increase in the number of patent applications filed …
Category: IP Practicum
Practical issues dealing with the IP practice, including operations, systems, and tech.
USPTO Trademark Fees Increasing This Month
Although USPTO fees typically increase, for different matters, every two years, this year’s increases are sweeping. According to the USPTO, policy rationales for the fee increases included in the published final rule: These rationales appear in line with forcing application efficiency, with most of the burden being carried by the applicant. Five to ten years …
DOCX Filing Requirement to Begin for Patent Applications
Today is the date in which new patent applications under 35 U.S.C. §111(a) (i.e., any U.S. nonprovisional application) must be filed using the .DOCX format, which is the file extension format used for Microsoft Word documents, as announced by the USPTO in a blog posting on December 19, 2022. This has been in planning for …
USPTO Begins ID Verification for Trademark Applications
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 …
Comment Period on Patent Eligibility Extended
On September 2, 2021, the U.S. Patent and Trademark Office extended the deadline for submission of comments regarding the state of patent eligibility and its effectiveness on U.S. investments and innovation. The new date is October 15, 2021. The USPTO issued a notice on the Federal Register on July 9, 2021, requesting comments on patent …
Trademark Scammer Sentenced
On September 15, 2021, the U.S. Department of Justice (DOJ) announced that a Latvian citizen was sentenced to more than four years in federal prison for masterminding a trademark mail fraud scheme. Rhett DeHart, Acting U.S. Attorney for the District of South Carolina, also announced that defendant Viktors Suhorukovs has been ordered to pay $4.5 …
NIST Seeking Comments on CRISPR Lexicon
On September 18, 2019, the National Institute of Standards and Technology (NIST)’s Genome Editing Consortium (GEC) formally sought comments on genome editing, commonly called CRISPR, terminology in order to develop a standardized system of terms and definitions for the CRISPR research community. This is the first time the NIST has made overtures to develop a …
IP Practicum: USPTO Proposes Patent Fee Increases for FY2019
On July 25, 2018, the USPTO submitted for publication a Federal Official Gazette notice of public hearing 2018-16432 pursuant to the Patent Public Advisory Committee (PPAC). The notice specifies broad increases affecting patent filings and prosecution. It was published on August 8, 2018, in the Federal Gazette. While most of the fees are in the …
IP Practicum: Failure to Check Box on USPTO Form Can Affect Patent Term
On February 6, 2018, the Court of Appeals for the Federal Circuit ruled in Actelion Pharm., Ltd. v. Matal.[1] This case deals with the sometimes mundane aspects of filling out the proper forms required for filing with the USPTO, and failure to do so can have major impacts downstream during and post-prosecution. The facts of …
Fed Circuit Watch: Improper Patent Assignment Dooms Standing to Sue for Infringement
On January 11, 2018, the Court of Appeals for the Federal Circuit ruled on the Advanced Video Technology, LLC v. HTC Corp., case.[1] This case is a unique one dealing with the logistics of a patent assignment document, and the proper mechanisms to effect a proper transfer of rights. Absent these things, and the party …