News & Analysis as of

United States Patent and Trademark Office › Amended Rules

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Womble Bond Dickinson

USPTO Removes Reliance on Applicant Admitted Prior Art in IPR Proceedings

Womble Bond Dickinson on

On July 31, 2025, the acting Director of the United States Patent and Trademark Office (USPTO) published a memorandum making a significant change in Patent Trial and Appeal Board (PTAB) inter partes review (IPR) practice and...more

Ladas & Parry LLP

The Trademark Modernization Act: A Primer For Brand Owners

Ladas & Parry LLP on

On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades...more

Gibney Anthony & Flaherty, LLP

Securing Your Trademark in the U.S: Best Practices for Foreign Brand Owners

Gibney Anthony & Flaherty, LLP on

When establishing a business in the U.S., intellectual property issues are a critical part of your business planning. Developing a comprehensive strategy is key in securing your intellectual property and protecting your...more

Foley & Lardner LLP

USPTO Proposes To Close Gap In Terminal Disclaimer Practice

Foley & Lardner LLP on

The doctrine of obviousness-type double patenting is one of the most complicated and most confounding aspects of U.S. patent law. Although a Terminal Disclaimer can overcome most obviousness-type double patenting rejections,...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Final Rule to Revise PTA Rules in View of Supernus v. Iancu

McDonnell Boehnen Hulbert & Berghoff LLP on

Last month, the U.S. Patent and Trademark Office published a final rule in the Federal Register (85 Fed. Reg. 36335), in which the Office set forth revisions to the rules of practice concerning Patent Term Adjustment (PTA) in...more

McDermott Will & Schulte

USPTO Proposes New Rules for Post-Grant Proceedings

McDermott Will & Schulte on

The United States Patent and Trademark Office (USPTO) proposed changes to the rules of practice for instituting review on all challenged claims or none in inter partes review (IPR), post-grant review (PGR) and the...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

Haug Partners LLP on

This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more

Haug Partners LLP

USPTO Issues Guidelines Regarding February 15, 2020, Trademark Rule Changes

Haug Partners LLP on

Beginning on February 15, 2020, with very few exceptions, submissions before the US trademark office will be required to be filed digitally. Also included in the rule changes and among the most significant change,...more

Seyfarth Shaw LLP

USPTO Updates Rules Regarding Proof of Use of Trademarks

Seyfarth Shaw LLP on

Synopsis: Beginning December 21, 2019, trademark owners will face increased proof of use/trademark specimen requirements with respect to trademark applications before the US Patent and Trademark Office (“USPTO”)....more

Weintraub Tobin

Rule Change Requires U.S. Counsel For Foreign-Domiciled Trademark Applicants

Weintraub Tobin on

The United States Patent and Trademark Office (the “USPTO”) explains that- “A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used...more

Hahn Loeser & Parks LLP

USPTO Requires U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

Hahn Loeser & Parks LLP on

Earlier in July 2019, the United States Patent and Trademark Office (USPTO) issued a final rule amending the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the...more

Ward and Smith, P.A.

A Uniform Standard for Interpreting Claims

Ward and Smith, P.A. on

On October 11, 2018, the United States Patent and Trademark Office ("USPTO'') issued revised rules for claim construction. The rules will take effect on November 13, 2018. The new rules mandate that the claim...more

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

MarkIt to Market - October 2018: 13 Can Prove Lucky for Applicants

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

When examining trademark applications, the United States Patent and Trademark Office (USPTO) considers whether the applied-for mark is confusingly similar to any registered or prior-filed marks by applying the following...more

Knobbe Martens

Recent Development on Patent Eligibility of Method of Treatment Claims

Knobbe Martens on

The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

Jones Day

USPTO Invites Suggestions for PTAB Procedural Reform Initiative

Jones Day on

The Patent Office has announced an initiative to make procedural reforms in an effort to improve PTAB trial proceedings, particularly inter partes review proceedings...more

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