The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]
The USPTO announced that it was launching a pilot program to streamline cancellation proceedings for registered trademarks that may have been abandoned or that the trademark owner is not currently using. The Trademark Office indicated that such trademark registrations often act as a hindrance to trademark owners that are actually using their trademarks but cannot […]
Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]
The United States Supreme Court will decide, “the most significant unresolved legal issue in trademark licensing during the upcoming term.” A split between Circuit Courts currently exists over the issue of, “what happens to a trademark license when the brand owner goes bankrupt?” Or, as the issue has been presented to the Supreme Court for […]
Over the past several months a disturbing practice has been occurring at the USPTO. Trademark pirates are fraudulently changing the email address of the correspondence section within a trademark registration. Once changed, the trademark pirate contacts Amazon Brand Registry and requests the trademark be registered to the fraudulent email address/pirate. Amazon will email a secret […]
Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]
Andrei Iancu has been confirmed by the United States Senate as the next Under Secretary of Commerce for Intellectual Property, and the next Director of the United States Patent and Trademark Office. Mr. Iancu was confirmed by the Senate by a vote of 94-0.
At 12:01 AM on January 20, 2018, the United States Government went into shutdown based on impasse in congress over budgeting. Of course, the United States Patent and Trademark Office (USPTO) is an agency of the United States Government. The government shutdown applies to all “non-essential” government agencies. For example, agencies that are considered as […]
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]