Posts filtered by tags: Uspto[x]


United States: TTABlog Test: Are These Two "I-10" Marks Confusable For Beer? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark shown immediately below, for beer, finding the mark likely to cause confusion with the registered mark I-10 for "beer, ale, lager, stout and porter."
Tags: News, United States, Uspto, Wolf Greenfield

Good, Enough? Really, as a Trademark?

No worries, I’m back at the keyboard, refreshed after a busy January, from the ATA Show in Louisville to Las Vegas for the SHOT Show, then Austin, and well beyond. 2019 is off to a rapid start, not sure where the first half of February went, so I’ll make sure this is a good one, and with a little luck, it might even be a great one: Did my iPhone capture a production anomaly in the soap on display? Note the disconnect between the word and the stuff that I’m not sure I’d want to rub on me. How of...
Tags: Advertising, Marketing, Articles, Austin, Uspto, Las Vegas, Louisville, Branding, Whole Foods Market, Trademarks, BGE, Steve Baird, CNP, Distinctive, Good to Great, SoapBox

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Drue De Angelis: SpinalCyte Announces New Canadian Patent (Source: Ortho Spine News) Adam Behsudi: Envoy: China Opening its Doors to U.S. in Trade Talks (Source: Politico) Nancy Cohen: Apple Patent Talk: Another Keyless Wonder as the Car Sees You Approach (Source: Tech Xplore) Christian de Looper: Apple Patent Application Hints at Flexible Display That Hides Speakers, Buttons, and More (Source: Digital Trends) Source: USPTO Commentary and Journal Artic...
Tags: Supreme Court, Law, Uspto, Patent, David Boundy, PTAB, Nancy Cohen, Marshall Gerstein, Adam Behsudi, Bits and Bytes, Juvan Bonni, Drue De Angelis, SpinalCyte Announces New, Ortho Spine News, Mala Chatterjee, Sandip H Patel

Progress and Potential: A profile of women inventors on U.S. patents

The following comes directly from the USPTO:  On February 11, 2019, the USPTO released “Progress and Potential: A profile of women inventors on U.S. patents,” a report on the trends and characteristics of U.S. women inventors named on U.S. patents granted from 1976 through 2016. The report shows that women still comprise a small minority of patent inventors. Further, it highlights the untapped potential of women to spur U.S. innovation. Women, like other under-represented groups, are among the “...
Tags: Law, America, Uspto, Patent

United States: Blockchain Legal Resource: USPTO's Latest Guidance Should Ease The Burden For Blockchain Patent Applications - Hunton Andrews Kurth LLP

On January 7, 2019, the United States Patent and Trademark Office (USPTO) issued further guidance on patent subject matter eligibility
Tags: News, United States, Uspto, United States Patent and Trademark Office USPTO, Hunton Andrews Kurth LLP

United States: The Federal Circuit Provides New Direction On Patent Term Adjustment - Squire Patton Boggs LLP

In a recent Federal Circuit case, Supernus Pharmaceuticals, Inc. v. Iancu, No. 2017-1357 (Federal Circuit, January 23, 2019), the USPTO's calculation of Applicant delay in the determination of Patent Term Adjustment
Tags: News, United States, Uspto, Federal Circuit, Supernus Pharmaceuticals Inc, Iancu

United States: USPTO Updates "IP5 PCT Collaborative Search And Examination Pilot" - Oblon, McClelland, Maier & Neustadt, L.L.P

Beginning July 1, the USPTO will accept new international applications to the IP5 Patent Cooperation Treaty (PCT) Collaboration Search and Examination Pilot (CS&E).
Tags: News, United States, Uspto, Neustadt, McClelland Maier

United States: Supernus: Federal Circuit Provides Clarity On USPTO Discretion On Patent-Term Adjustment Calculations - Jones Day

Supernus therefore believed it should not lose more than 100 days of its accumulated term.
Tags: News, United States, Uspto, Federal Circuit

United States: Shifting Sands Of Estoppel In U.S. Proceedings - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In the years since the creation of inter partes review (IPR)proceedings, US courts and the USPTO have continued to interpret and clarify the statutes, rules, and procedures governing these proceedings.
Tags: News, US, United States, Uspto, IPR, Finnegan Henderson Farabow Garrett, Dunner LLP

Another Post on 101 and Statutory Text, and Hopefully my Last

By David Hricik I’ve written on this blog my argument — I think, observation — that the text of the Patent Act does not authorize invalidity, or patentability, to be based upon Section 101.  (Here is one of them.)  Why rant again? First, Dennis on the main page posted here the USPTO’s new guidelines on eligibility. Second, today at the AIPLA mid-winter meeting, Bob Armitage spoke passionately about how  these guidelines are nonsensical and that we will never resolve the 101 problem because it is...
Tags: Supreme Court, Law, Congress, Court, Ethics, Uspto, Rich, Dennis, Federal Circuit, CAFC, David Hricik, Bob Armitage

2019 Revised Subject Matter Eligibility Guidance: Advanced Module

On February 26, the USPTO will be holding a 3-hour online training focused on the 2019 Revised Subject Matter Eligibility Guidelines.  [Free – Sign-Up Here] This will basically parallel examiner training on the same subject matter and will be led by USPTO trainers.  The Office has limited space, but has scheduled potential additional training on February 27 and 28.  Sign-up by February 3, 2019. Read these Eligibility Guidelines from the USPTO    
Tags: Law, Office, Uspto, Patent

United States: USPTO's Patent Term Adjustment Policies Reigned In Yet Again - Oblon, McClelland, Maier & Neustadt, L.L.P

Since the Federal Circuit's decision in Wyeth v. Kappos, 591 F.3d 1364, 93 U.S.P.Q. 2d 1257 (Fed. Cir. 2010), aff'g, Wyeth v. Dudas, 580 F. Supp. 2d 138, 88 U.S.P.Q.2d 1538 (D.D.C. 2008), which held that the USPTO was
Tags: News, United States, Uspto, Fed, Federal Circuit, Wyeth, Neustadt, Kappos, Dudas, Oblon McClelland Maier

United States: USPTO Updates Guidance On Subject Matter Eligibility - Improving Chances For Grant Of Software Related Patent Applications - Hamilton Brook Smith & Reynolds PC

The USPTO published revised examination guidelines for determining subject matter eligibility under 35 U.S.C. § 101 in an effort to improve clarity, consistency, and predictability.
Tags: News, United States, Uspto, Reynolds PC

United States: More On The Revised Subject Matter Eligibility Guidance - Smith Gambrell & Russell LLP

In a recent edition of our IP newsletter, we introduced the U.S. Patent and Trademark Office's (USPTO) new guidelines for subject matter eligibility.
Tags: News, United States, Uspto, Trademark Office, Russell LLP

New PatentlyO Law Journal article: Colleen Chien, Deferring Patentable Subject Matter

This past fall at the Administering Patent Law symposium at Iowa Law, Professor Colleen Chien presented an argument in favor of more intentional experimentation by administrative  agencies such, as the USPTO to test policy concepts and proposed several possibilities.  Below, Professor Chien describes one such project, based on the Merges/Crouch proposal for deferring patentable subject matter analyses in prosecution.  Read the accompanying PatentlyO Law Journal article here: Colleen V. Chien, P...
Tags: Google, Supreme Court, Law, Congress, Iowa, Uspto, Dc, Department Of Homeland Security, Patent, Alice, Federal Trade Commission, Donald, Chien, PAUL, Mayo, Duffy

United States: Federal Circuit Invalidates PTA Deduction Without Applicant Delay - Foley & Lardner

In a long-awaited decision in Supernus Pharmaceuticals, Inc. v. Iancu (argued December 2017), the Federal Circuit held that the USPTO improperly imposed a Patent Term Adjustment (PTA) deduction for "applicant delay" during a period when the applicant "could have done nothing to advance prosecution."
Tags: News, United States, Uspto, Foley, Federal Circuit, Lardner, Supernus Pharmaceuticals Inc, Iancu, Federal Circuit Invalidates PTA

United States: Prosecution Pointer 159 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The USPTO publishes a list, for informational purposes only, of patent terms extended under 35 USC §156.
Tags: News, United States, Uspto, Usc, Finnegan Henderson Farabow Garrett, Dunner LLP

USPTO is rejecting 90% of AI related patent applications.

The U.S. Patent and Trademark Office is making it increasingly difficult to obtain legal protections for inventions related to AI, a field that encompasses autonomous cars, virtual assistants and financial analyses, among countless other uses. Of applications given a primary classification of AI-related, about 90 percent got initial rejection letters saying they were abstract ideas. What has been the boon for AI and ML researchers is proving it’s bane itself. The new USPTO guidelines explain tha...
Tags: Business, Artificial Intelligence, Uspto, Ibm, U S Patent and Trademark Office

Ford Patents Hybridized V8, Could Offer Glimpse Into Future Product

Ford is currently on the road to electrification. Right now, the manufacturer is working on an electric crossover based on the Mustang and a new hybrid powertrain. But it hasn’t been particularly forthcoming when it comes to sharing its industry secrets with the public. Fortunately, an application filed with the United States Patent and Trademark […] The post Ford Patents Hybridized V8, Could Offer Glimpse Into Future Product appeared first on The Truth About Cars.
Tags: United States, Ford, Uspto, Autos, Hybrid Vehicles, Ford Motor Co, United States Patent and Trademark Office, News Blog, Patent Filings, Mustang Hybrid, F-Series hybrid, Hybrid Powertrains

The Optimal Brand Naming Process

Everyone’s heard stories of great brand names chosen randomly from a hat full of employee suggestions, from the pages of a dictionary, or from an all-night brainstorm. But in reality, while a laissez faire approach to naming could lead to the next “Twitter” or “BlackBerry,” it’s just as likely to end in disaster — if not more so. For example, a more rigorous naming process could’ve helped World Wrestling Entertainment avoid a 12-year dispute with World Wildlife Fund over the initials “WWF.” W...
Tags: Google, Mexico, US, Spain, United States, Uspto, Group, Anthony, Branding, Sutton, World Wrestling Entertainment, Amanda Peterson, Naming, Laurel Sutton, Jonathan Bell, Shannon DeJong

USPTO Update: Funds Last Till 2nd Week of February

by Dennis Crouch The USPTO has released additional information regarding its current operations and the ongoing Federal Government funding crisis.  Bottom line is that the PTO expects to continue its patent operations “until at least the second week in February.”  Things on DC appear to be thawing enough to provide hope that an appropriations bill will see some light before then. Although the USPTO is user-fee funded, it may only spend money that has been appropriated by Congress.  This limit co...
Tags: Law, Congress, Treasury, Uspto, Patent, PTO, Dennis Crouch

United States: (Claim) Changes Ahead - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The USPTO has proposed a pilot programme to implement changes to the current procedures for amending claims during post-grant proceedings, including inter partes reviews, post-grant reviews, and covered business method patent reviews.
Tags: News, United States, Uspto, Finnegan Henderson Farabow Garrett, Dunner LLP

UK: A European View Of The USPTO's Guidance On Computer-Implemented Inventions - Marks & Clerk

On 7 January 2019, the United States Patent and Trademark Office ("USPTO") published two guidance notes on its practice for examining subject matter eligibility and clarity of claims for computer implemented inventions.
Tags: UK, News, Uspto, United States Patent and Trademark Office USPTO

Welcome to Brand Verbing, Las Vegas

Las Vegas has a welcoming brand, probably best known by the nearly decade old famous and iconic slogan: What Happens in Vegas Stays in Vegas. LVCVA owns it for gaming machines, slot machine services, and “promoting the Las Vegas, Nevada area as a destination for leisure and business travelers.” If you’re not aware of the origin and the connection to Minnesota, here you go. Las Vegas has welcomed the SHOT Show for many years, so here we are, once again, connecting with our many brand-toting frie...
Tags: Google, Food, Minnesota, Advertising, Marketing, Articles, Uspto, Las Vegas, MGM, Casino, Vegas, Branding, Trademarks, Las Vegas Nevada, ARIA, Steve Baird

Check your Patent Term Adjustment for Applicant Delays due to Late IDS Filings

by Dennis Crouch Supernus is an important case that may substantially extend the patent term adjustment (PTA) for your client.  You’ll need to review the case files of recently issued cases to determine whether PTA was reduced by some supplemental filing (such as a late IDS). You may get the time back with a showing that the delay was reasonable. Deadlines in this area are tight. – DC Supernus Pharmaceuticals, Inc. v. Iancu (Fed. Cir. 2019) This case involves calculation of patent term adjustmen...
Tags: Law, Uspto, Patent, Fed, Lee, PTO, Federal Circuit, Gilead, PTA, PVP, Sandoz, Iancu Fed, Gilead Scis Inc, Dennis Crouch Supernus, DC Supernus Pharmaceuticals Inc

United States: SCOTUS To Decide If Ban On Scandalous Trademarks Is Unconstitutional - Cooley LLP

On January 4, 2019, the Supreme Court of the United States agreed to hear the United States Patent and Trademark Office's ("USPTO") appeal of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017).
Tags: News, United States, Uspto, Fed, Supreme Court of the United States, Brunetti, Cooley LLP, United States Patent and Trademark Office

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Rajendra Jadhav and Mayank Bhardwaj: After Monsanto Patent Ruling, Indian Farmers Hope for Next-Gen GM Seeds (Source: Reuters) Paul Fucito: Thomas Krause Appointed Deputy General Counsel for Intellectual Property and Solicitor (Source: USPTO) Jan Wolfe: Apple Loses Bid to Undo $440 Million Judgment in VirnetX Patent Case (Source: Reuters) Graham Rapier: Lyft Wants to Use Augmented Reality to Make it Easier to Meet Your Driver (Source: Business Insider) S...
Tags: Law, Uspto, Intellectual Property, Itc, Patent, Reuters, Nafta, Chicago Tribune, HP Inc, Mayank Bhardwaj, Paul Fucito, Raja Krishnamoorthi, Rajendra Jadhav, Bits and Bytes, Juvan Bonni, Farmers Hope for Next Gen GM

United States: New Guidelines For Patent Subject Matter Eligibility From The USPTO - Smith Gambrell & Russell LLP

On January 7, 2019, the new guidelines for patent subject eligibility went into effect at the United States Patent and Trademark Office ("USPTO").
Tags: News, United States, Uspto, Russell LLP, Smith Gambrell

Does this SOLD! and Design Sign Fail to Function as a Real Estate Service Mark?

A local real estate agent has argued that the above design is unique enough to make the SOLD! designation distinctive and registrable as a service mark for “information in the field of real estate and real estate services,” among other goods and services. The USPTO wasn’t sold on the idea, but not for the expected reason. Given the USPTO’s growing love for the “merely informational matter” category of incapable subject matter — essentially contending the subject matter fails to function as a tr...
Tags: Advertising, Marketing, Articles, Nike, Uspto, Lebron James, Sold, Branding, Trademarks, Steve Baird, Descriptiveness, Supplemental Register, Supplemental Registration, Kris Lindahl, Failure To Function, Merely Informational

United States: USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance - Proskauer Rose LLP

On January 4, 2019, the United States Patent and Trademark Office ("USPTO") released a significant, much-awaited revision
Tags: News, United States, Uspto, United States Patent and Trademark Office USPTO, Proskauer Rose LLP