On January 15, 2016, the Supreme Court granted the petition for cert for Cuozzo Speed Technologies, LLC v. Lee. This case is based on an inter partes review (IPR) instituted by the USPTO Patent Trial and Appeal Board (“the Board”). The Board applied the “broadest reasonable interpretation” in... read more
In a recent decision denying a petitioner’s request for rehearing on a decision not to institute an inter partes review proceeding, the USPTO Patent Trial and Appeal Board (“the Board”) re-emphasized that “procedural defects” can kill a petition. Specifically, the petitioner’s “failure to comply... read more
From the USPTO website: "A major power outage at USPTO headquarters occurred Wednesday, Dec. 22, resulting in damaged equipment that required the subsequent shutdown of many of our online and IT systems. This includes our filing, searching, and payment systems, as well as the systems our... read more
The Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled today that the statutory prohibition against the registration of “disparaging” trademarks violates the First Amendment. The Federal Circuit struck down a nearly 70-year-old provision in the Lanham Act’s § 2(a), writing:It is... read more
On New Year’s Day 2016, the United States Patent and Trademark Office (USPTO) will release fresh and updated goods and services identifications and classifications in the U.S. Acceptable Identification of Goods and Services Manual (ID Manual) to reflect the Nice Classification, Tenth Edition,... read more
The Federal Circuit issued a precedential opinion today in MCM Portfolio v. Hewlett-Packard Co. (Fed. Cir. 2015) (“MCM” and “HP” respectively), holding that the Inter Partes Review (“IPR”) system does not violate Article III or the Seventh Amendment of the U.S. Constitution.MCM is the owner of... read more
“Be the change you want to see in the world,” says the Dalai Lama.  Well, as far a copyright law goes, here is our chance.The U.S. Copyright Office has released a public draft of its Strategic Plan to modernize its services and policies. The plan is holistic in nature, updating everything from... read more
If you’re an expert in a technical field, the United States Patent and Trademark Office (USPTO) wants your help. From the USPTO’s website:In accordance with a White House executive action call to strengthen our patent system and foster innovation, the USPTO is expanding its Patent... read more
It’s been three years since the announcement that Dallas-Fort Worth would be home to the Texas Regional Satellite Office for the United States Patent and Trademark Office (USPTO).   This week, the satellite office will open at the Terminal Annex Federal Building in downtown Dallas, along... read more
In an attempt to use technology to its full advantage, the USPTO, along with the other members of the IP5 Patent Offices, has established a USPTO-hosted user interface titled “Global Dossier” that will allow public stakeholders “to access the full file history on a patent application family from... read more
The USPTO Patent Trial and Appeal Board has started another pilot program to reduce the backlog of ex parte appeals waiting to be heard by the Board. The program expedites appeals for small and micro entities. To be eligible for the program, appellants must meet the following criteria:Qualify as a... read more
Something driving you crazy about the USPTO PAIR or EFS-Web systems? Now is your chance to suggest changes.As recently discussed on the USPTO Director’s Forum, the USPTO eCommerce Modernization (eMod) Project is working to improve the electronic patent application process by modernizing the USPTO... read more
On July 30, 2015, the Patent Office issued an update (“the July Update”) to its December 2014 Interim Guidance on Subject Matter Eligibility for patents (“the Guidance”). Notification of the July Update and a request for comments from the public was simultaneously published in the Federal Register... read more
     On Tuesday, November 6, Election Day, Oklahoma ballots will include State Question 766, which proposes an amendment to the Oklahoma Constitution to exempt all intangible personal property from taxation, including intellectual property such as patents and trademarks.  ... read more
Today the USPTO announced the launch of an interesting voluntary pilot program called the Patents for Humanity Program. The program is an awards competition for patent owners and licensees who apply their patented technologies to address humanitarian needs.Submissions will be accepted between March... read more