Patent Analytics Provider Tracks “Examiners Who Procrastinate”
July 10, 2020
Post by Gregory Lars Gunnerson
Patent Analytics Provider Juristat blogged on May 28, 2020 that Juristat is capable of tracking procrastination habits of examiners at the USPTO. To better understand how examiners procrastinate and why some would choose to or choose to avoid doing so requires some background knowledge of how examiners are internally evaluated by the USPTO. Examiner performance is evaluated based on: 35% productivity; 35.......
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USPTO Publishes Revised Ninth Edition of the MPEP
July 09, 2020
Post by Oliver P. Couture, Ph.D.
In June, the United States Patent and Trademark Office (USPTO) published the newest revisions to the Ninth Edition of the Manuel of Patent Examination Procedure (MPEP). The revisions update the MPEP to include all the changes that became effective as of October 2019. This revision updates every section of the MPEP, except for Chapters 1100 (invention registration and publication) and 1600 (plant patents).......
Read More SCOTUS Rules that Addition of Top-Level Domain to Generic Term Can Create Protectable Trademark
July 06, 2020
Post by Nicholas J. Krob
When the United States Supreme Court granted certiorari in U.S. Patent and Trademark Office v. back in November, the question was whether a generic term such as “booking” could constitute a protectable trademark when accompanied by “.com.” In an 8-1 decision issued last week, the Court has answered this question with a resounding “yes.” The case before the Court stems from the USPTO’s denial .......
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USPTO Introduces Fast-Track Appeals Pilot Program
July 01, 2020
Post by Gregory Lars Gunnerson
On Thursday, July 2, the United States Patent and Trademark Office (USPTO) will begin to accept petitions for expedited resolution of ex parte appeals at the Patent Trial and Appeal Board (PTAB). The petitions will cost $400 and will be made possible under a program known as the “Fast-Track Appeals Pilot Program”. Petition grants for fast-track review of ex parte appeals will initially be limited to a ma.......
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Dropbox's Patents Invalidated for Patent-Ineligible Subject Matter
June 24, 2020
Post by Julie L. Spieker
Julie L. Spieker On June 19, 2020 The United States Court of Appeals for the Federal Circuit (hereinafter the “Federal Circuit”) affirmed a district court’s ruling that Dropbox’s three patents claim abstract ideas and further provide no inventive concept transforming the abstract idea into patentable subject matter. Dropbox and their wholly owned subsidiary, Orcinus Holdings, (hereinafter referred to in.......
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Expedited Examination for Certain COVID-19 Related Trademarks
June 23, 2020
Post by Christine Lebron-Dykeman
As a part of the USPTO’s ongoing effort to support innovation of life-saving treatments during the COVID-19 pandemic, the USPTO recently announced a new prioritized trademark examination program for trademark applications covering certain COVID-19 related products and services. The new process will fast track these trademark applications and save two plus months of the standard examination timeline. Elig.......
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Political Campaigns and Unauthorized Music
June 22, 2020
Post by Brandon W. Clark
As the 2020 presidential election approaches so does the opportunity for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist or songwriter upset that a politician or campaign used the artist's music without authorization. In fact, Tom Petty’s estate recently sent President Trump a cease and desis.......
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Technology Week in Iowa 2020
June 19, 2020
Post by Blog Staff
Iowa Governor Kim Reynolds signed a proclamation designating the third week in June as Technology Week in Iowa with the first one taking place the week of June 22 – 26, 2020. In her proclamation Governor Reynolds stated: Iowa has excelled in the advancement of technology from our countless startups to tech giants like Google, Facebook and Apple. Iowa is home to a broad spectrum of industries. We are a st.......
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Artificial Intelligence and WIPO
June 15, 2020
Post by Kirk M. Hartung
On May 21, the World Intellectual Property Organization, a global forum for IP services, policy, information and cooperation, issued a revised paper on intellectual property policy and artificial intelligence (AI).  Acknowledging that AI is a general purpose technology that has widespread applications, WIPO held an initial “conversation” with interested parties in September, 2019.  WIPO then pu.......
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Potential Rule Changes Affecting Post-Grant Proceedings at the USPTO
June 12, 2020
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-Sowatzke The United States Patent and Trademark Office (USPTO) is proposing changes to a number of rules applied to post-grant proceedings before the Patent Trial and Appeal Board (Board). The proposed rules, which were published in the Federal Register on May 27, 2020, would affect inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method pate.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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