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USPTO to Increase Trademark Fees in 2021

By Brandon W. Clark

The United States Patent and Trademark Office (USPTO) has recently announced increases to certain trademark fees beginning on January 2, 2021. The fees will increase for trademark applications, post-registration maintenance filings, and certain filings with the Trademark Trial and Appeal Board (TTAB). Below are some of the more significant and noteworthy fee increases: The fee […]

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Roll Call: Are all Inventors Accounted for in a Foreign Filing with the EPO?

By Tina G. Yin Sowatzke, Pharm.D.

Earlier this month, the European Patent Office (“EPO”) explained why it upheld a decision revoking a patent applied for by Broad Institute of Massachusetts Institute of Technology (MIT) and Harvard (“Broad Institute”) related to CRISPR gene editing. In particular, the decision cited a lack of novelty due to an invalid claim to priority—for inadvertently failing […]

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In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon

By Sarah M.D. Luth

In October the U.S. Trademark Trial and Appeal Board issued a decision regarding the opposition proceedings against the trademark application “Millennial Falcon.” The trademark application “Millennial Falcon,” filed by Applicant Ilan Moskowitz aka Captain Contingency was directed to “entertainment services in the nature of live visual and audio performances by a live musical performance group, […]

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Right to Repair: Can you fix your own things? Part 1

By Oliver P. Couture, Ph.D.

This post is part 1 of a set of posts relating to a person’s right to repair your things. When you buy a thing, you expect the thing to at least work as intended. The thing is usually even warranted for at least a little while to be useable as intended by the manufacturer. However, […]

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What IP Experts Are Saying About the 2020 Election

Many patent professionals expect the Biden administration to parrot Obama-era patent policy. Such a view however seems quite simplistic, and several experts seem to think otherwise. First, intellectual property is a relatively niche issue in politics, and most politicians pay little attention to it. Notable exceptions to this rule are Senators Thom Tillis (R-NC), Chairman […]

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UK Court Decision: Artificial Intelligence Machine Is Not An Inventor

By Kirk M. Hartung

DABUS, the artificial intelligence machine named as the sole inventor on two UK patent applications, has been denied the status of inventor by the Patent Court of the High Court of Justice of England and Wales.  In an appeal from the UK Patent Office by the applicant, Stephen Thaler, the Court ruled on September 21, […]

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Monster Mash: Minor League Hockey Team Prevails Over Energy Drink Giant in Trademark Dispute

By Nicholas J. Krob

In the spirit of Halloween, the Trademark Trial and Appeal Board recently issued an opinion settling an ongoing dispute between two monsters. These monsters—energy drink company Monster Energy and a minor league hockey team named the Cleveland Monsters—found themselves at odds over the use of the “Monster” trademark. In particular, Monster Energy opposed the Cleveland […]

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Federal Circuit Affirms Intrinsic Evidence Trumps Extrinsic Evidence During Claim Construction

By Joseph M. Hallman

On October 13, 2020, in Immunex Corp. v. Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part and dismissed-in-part an appeal from the Patent Trial and Appeal Board (“PTAB”) holding that when it comes to claim construction, intrinsic evidence trumps extrinsic evidence. […]

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Pioneers of Revolutionary CRISPR Gene Editing Win Chemistry’s Nobel Peace Prize

By Heidi S. Nebel

Two scientists who pioneered the revolutionary gene-editing technology are the winners of this year’s Nobel Prize in Chemistry. Emmanuelle Charpentier, now at the Max Planck Unit for the Science of Pathogens in Berlin, and Jennifer Doudna, at the University of California, Berkeley, were recognized for their work developing the CRISPR–Cas9 gene-editing tools. The technology allows […]

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Obtaining Copyright Registrations for Blogs and Social Media Posts Just Got Easier

By Brandon W. Clark

Online content creators including bloggers and social media influencers are now able to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted the rule implementing this new group registration to help ease the burden […]

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