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On July 31, 2025, Acting Under Secretary of Commerce for Intellectual Property and Director of the USPTO Coke Morgan Stewart issued a memorandum indicating that the USPTO “will enforce and no longer waive the requirement of...more
As reported, on July 23, 2025, the White House released "Winning the AI Race: America's AI Action Plan," a strategy designed to secure U.S. leadership in artificial intelligence. This plan, which includes over 90 federal...more
The US Department of Commerce is reportedly considering a significant overhaul of the current patent maintenance fee structure, proposing a shift from the established flat-fee system to an annual, value-based tax on patents....more
U.S. Commerce Department officials are considering whether to charge patent holders a new 1% to 5% patent fee that would be based on "overall patent value," The Wall Street Journal reported on July 28, 2025. There are no...more
On March 26, 2025, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Coke Morgan Stewart issued a memorandum that makes several significant...more
With 2024 now in the rearview mirror, it’s a great time to take a look at the past year’s U.S. trademark prosecution and examination numbers – and consider where the U.S. Patent and Trademark Office (“USPTO”) may be heading...more
Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more
Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for...more
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
Since President Biden issued his sweeping Executive Order on the Safe, Secure and Trustworthy Development of AI on October 30 of last year (EO), federal agencies have been operating in high gear to meet the deadlines and...more
In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of...more
Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more
The Department of Commerce and the National Institute of Standards and Technology are requesting comments on a “draft guidance framework designed to help federal agencies evaluate when it may be appropriate to exercise...more
On October 30, 2023, the Biden administration issued a long-awaited executive order (EO) on artificial intelligence (AI). The EO expands on previous AI initiatives, such as the Blueprint for an AI Bill of Rights, and lays out...more
The United States Patent and Trademark Office, along with the U.S. Departments of State and Commerce, sought initial public comment last week on draft guidelines entitled "International Guiding Principles for Organizations...more
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more
On May 3, 2022, the Administrative Conference of the United States (“ACUS”) announced that the United States Patent and Trademark Office (“USPTO”) had engaged ACUS to conduct an independent study into the issues associated...more
Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before. But then I received a link to the Director’s...more
On August 4, 2021, the U.S. Department of Commerce filed applications to register several USPTO trademarks. The applications are part of ongoing efforts by the USPTO to combat frauds committed against trademark owners and...more
U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
Owners of U.S. trademark registrations need to know about a few recent rule changes and be mindful of the changes and U.S. Patent and Trademark Office requirements whenever a declaration of use is due....more