News & Analysis as of

Trademark Trial and Appeal Board Patent Trial and Appeal Board

McDermott Will & Schulte

No Green Light to Register Color Mark for Medical Gloves

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more

Proskauer - The Patent Playbook

Value and Risk of Overlapping Intellectual Property Protections

A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Functionality Doctrine in CeramTec v. CoorsTek

In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek. ...more

WilmerHale

PTAB/USPTO Update - September 2024

WilmerHale on

Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community....more

Fox Rothschild LLP

USPTO’s Guidance on AI-Based Tools

Fox Rothschild LLP on

Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before the USPTO. As...more

Skadden, Arps, Slate, Meagher & Flom LLP

USPTO Provides Guidance on Using AI-Based Tools in Filing and Preparing Patent and Trademark Applications

On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and...more

McDermott Will & Schulte

New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO

The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Guidance on Use of AI-Based Tools

The USPTO has issued several recent Federal Register Notices this calendar year. The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more

Foley & Lardner LLP

USPTO Warns Against Blind Reliance on Artificial Intelligence

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Share on Twitter Print Share by Email Share Back to top U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence (AI) by parties during...more

Seyfarth Shaw LLP

USPTO Sets to Clarify Attorney Guidelines in the Age of Generative AI

Seyfarth Shaw LLP on

As attorneys, we’ve all taken Legal Research and Writing. This is where we first encountered Westlaw and Lexis, using these sites to delve into case law for various assignments while chasing Westlaw and Lexis points in the...more

McDermott Will & Schulte

Nothing Lost in Translation: Book’s Spanish Version Isn’t Different Creative Work

In a precedential opinion, the Trademark Trial & Appeal Board of the US Patent & Trademark Office upheld an examiner’s refusal to register a trademark on the ground that the proposed mark was the title of a single creative...more

Knobbe Martens

How Far Can the Music Go: The Limited Reach of the Trademark Tacking Doctrine

Knobbe Martens on

BERTINI v. APPLE INC. Before Moore, Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Tacking a mark for one good or service does not grant priority for every other good or service in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDermott Will & Schulte

PTO Introduces Intellectual Property Identifier Tool

On January 18, 2023, the US Patent & Trademark Office announced the launch of its new Intellectual Property (IP) Identifier tool. This tool is designed for those who are less familiar with IP and assists users in determining...more

Foley & Lardner LLP

USPTO Open for Some In-Person Business

Foley & Lardner LLP on

After being closed for more than two years due to the Covid-19 pandemic, the USPTO has opened all locations to employees and resumed some public in-person events. That said, PTAB hearings and TTAB hearings are still being...more

Foley & Lardner LLP

Supporting USPTO Pro Bono Programs

Foley & Lardner LLP on

The USPTO first established a pro bono program to help “financially under-resourced inventors and small businesses” pursue patent protection for their inventions under the America Invents Act (AIA). The USPTO recently...more

WilmerHale

PTAB/USPTO Update - February 2022

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. President Biden nominated Kathi Vidal to be the next Director. On Jan. 13, the Senate Judiciary Committee voted 17-5 to forward...more

WilmerHale

PTAB/USPTO Update - August 2021

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

Weintraub Tobin

The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

Weintraub Tobin on

In this episode, Scott and Josh discuss the changes in Intellectual Property Law stemming from the recently passed COVID-19 Stimulus Bill. The IP law blog is a publication of Weintraub Tobin (www.weintraub.com). The...more

Morrison & Foerster LLP - Federal Circuitry

Orders of Interest Roundup, Arthrex Style

At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more

Proskauer - Minding Your Business

Supreme Court to Weigh in on Constitutionality of Patent and Trial Appeal Board Appointments

The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit’s holding in Arthrex v. Smith & Nephew that administrative patent judges of the Patent Trial and Appeal Board (PTAB) are...more

Fox Rothschild LLP

The TTAB Revisits The Doctrine Of Foreign Equivalents

Fox Rothschild LLP on

In the recent decision In re Hop Daddy LLC (Serial No. 88175921), the TTAB reexamined the contours of the doctrine of foreign equivalents. The USPTO refused Hop Daddy’s application to register the mark SALTY BULL BREWING &...more

Sunstein LLP

Virus-Related Legislation Extends Patent and Trademark Deadlines

Sunstein LLP on

The details of financial relief provided to households and businesses in the recently passed Coronavirus Aid, Relief and Economic Security (CARES) Act may have received all the press, but other provisions of the CARES Act...more

White and Williams LLP

USPTO Issues Notice Waiving Certain Patent and Trademark Deadlines Due to COVID-19

On March 31, 2020, the United States Patent and Trademark Office (USPTO) issued Official Notices in the wake of the COVID-19 crisis, granting 30-day extensions for certain specifically enumerated trademark and patent...more

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