News & Analysis as of

United States Patent and Trademark Office Enforcement

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 -
Mayer Brown

Reinvigorated Enforcement of Evidentiary Rules and the Permissible Uses of General Knowledge in Inter Partes Review

Mayer Brown on

On July 31, 2025, the Acting Director of the US Patent and Trademark Office (USPTO) issued a significant memorandum that alters the evidentiary landscape for inter partes review (IPR) proceedings before the Patent Trial and...more

Troutman Pepper Locke

Why Should I Register My Trademark?

Troutman Pepper Locke on

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

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

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Venable LLP

Protect Your Nonprofit's Mission with Smart Trademark Strategies

Venable LLP on

Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's...more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

ArentFox Schiff

GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark...

ArentFox Schiff on

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

Knobbe Martens on

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Proskauer Rose LLP

FTC Focus: What Access To Patent Settlements Would Mean

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The Federal Trade Commission has pursued aggressive and creative expansion of its antitrust enforcement efforts under the Biden administration, and the pharmaceutical industry is no exception. Indeed, in a recent interview,...more

Foley & Lardner LLP

Yes, You Can Patent Food Products!

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Companies in the food and beverage industry might overlook significant advantages by not patenting their innovations. While there’s a common belief that “recipes” cannot be patented, unique formulations and other aspects of...more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more

Akin Gump Strauss Hauer & Feld LLP

Make No Mistake: Patentee Held to Terminal Disclaimer that Referenced a Patent Incorrectly Identified by the Patent Office

A court in the Western District of Oklahoma dismissed a complaint as to one of the asserted patents where the patent included a terminal disclaimer stating that the patent would be enforceable only as long as it was co-owned...more

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Neal, Gerber & Eisenberg LLP

United States Patent & Trademark Office Proposes Rule that Would Limit Patent Owner’s Enforcement Rights of Patents Subject to a...

On May 10, 2024, the United States Patent & Trademark Office (USPTO) published a proposed rule under which terminal disclaimers filed to obviate an obviousness-type double patenting (ODP) rejection would limit the patents to...more

Vinson & Elkins LLP

Critical IP Issues Surrounding the Energy Transition

Vinson & Elkins LLP on

A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition...more

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

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Haug Partners LLP

A U.S. View on the UPC – Part 8: Challenging the Validity of a Patent

Haug Partners LLP on

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

McAfee & Taft

Executive Order, IP owners seek to safely navigate the 'promise and peril' of AI

McAfee & Taft on

Discussion of artificial intelligence has become ubiquitous, particularly generative artificial intelligence (AI) given its potential to create new content, which some reports estimate could add up to $4.4 trillion annually...more

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

MarkIt to Market® - October 2023: Sign(ing) of the Times: Complying with USPTO Signature Requirements

How many times a day on average do you think you sign something? Do you sign your full name, your initials, a version of your name, an “X” or some other identifier? Do you “wet sign” with a pen? Do you use an “s” signature,...more

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

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Foley & Lardner LLP

How Rights Owners Can Be Proactive With CBP Enforcement

Foley & Lardner LLP on

Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Regulating AI: An Overview of Federal Efforts

This first part of a two-part series on U.S. regulation of artificial intelligence systems provides an overview and modern context for the existing regulatory, legal and risk management landscape for AI systems in the U.S.,...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

BakerHostetler

AD-ttorneys@law - December 2022

BakerHostetler on

TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more

Foley & Lardner LLP

One Year of Action Since President Biden’s Executive Order on Competition

Foley & Lardner LLP on

Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more

BakerHostetler

USPTO to Address NFTs; Treasury Dept. Publishes Digital Asset Fact Sheet; Financial Regulators Address Digital Assets; Crypto...

BakerHostetler on

CryptoPunk Sold at $2.6M, USPTO to Address NFTs, Court Approves NFT Service - A rare NFT from the CryptoPunk collection recently sold for approximately $2.6 million, the fifth-largest sale in the collection’s history....more

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