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COVID-19 Prioritized Examination Pilot Program Extended

By Brian D. Keppler, Ph.D.

The USPTO recently announced on March 25, 2022 that the COVID-19 Prioritized Examination Pilot Program has been extended for a third time. Requests for prioritized examination filed in qualifying patent applications will now be accepted until midnight on June 30, 2022. The pilot program began accepting requests on July 13, 2020 and was initially limited […]

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Two New ex Parte Trademark Cancellation Proceedings

By Julie L. Spieker

On December 18, 2021, new regulations implementing the Trademark Modernization Act of 2020 (“the TMA”) will officially go into effect allowing individuals, businesses, and the USPTO to clear unused registered trademarks from the federal trademark register. New ex parte expungement and reexamination proceedings are said to provide a faster, more efficient, and less expensive alternative […]

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Proposed rulemaking to implement WIPO Standard ST.26

By Brian D. Keppler, Ph.D.

Patent applications containing nucleic acid or protein sequences will be required to submit a sequence listing in compliance with the new WIPO Standard ST.26 beginning on January 1, 2022. With the implementation of the new standard coming soon, the USPTO has issued a notice of proposed rulemaking to revise the rules of practice for submitting […]

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What is Assignor Estoppel and What Implications Remain Post Minerva?

By Blog Staff

Particularly within the patent industry, it is common to see that an employment agreement contains a provision where an employee agrees to assign the rights in any future inventions developed during the course of employment to the employer. Provided the prevalence of assignments filed in patent applications, inventors and patent owners should be aware as […]

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Federal Circuit Judge Evan Wallach Taking Senior Status

By Gregory Lars Gunnerson

Seat 9 of the Federal Circuit is being vacated by Judge Evan Wallach, who was appointed by President Barack Obama and will take senior status. President Joe Biden will thus be tasked with nominating the seat’s next holder. The seat will be officially vacated on May 31, 2021. The last seat to open up on […]

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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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Practitioners Beware: Hidden MPEP Rule Change May Cause Significant Impacts to After Final Practice

By Blog Staff

With the most recent revision to the Manual of Patent Examining Procedure (MPEP) in June 2020, practitioners have noticed a subtle, but potentially significant modification to one of the MPEP sections. The relevant section pertains to a change to the first-action final rejection (FAFR) practice under 706.07(b), ultimately broadening the criteria to issue a FAFR […]

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USPTO to Provide a Deferred-Fee Provisional Patent Application Pilot Program

By Luke T. Mohrhauser

In yet another effort to encourage innovation to combat COVID-19, the United States Patent and Trademark Office recently announced a pilot program that attempts to expedite the protection and disclosure of innovations. The pilot program, titled “Deferred-Fee Provisional Patent Application Pilot Program and Collaboration Database to Encourage Inventions Related to COVID-19”, allows inventors to file […]

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The Verdict is In – Implications on the Supreme Court Ruling Regarding Attorney’s Fees

By Blog Staff

The United States Supreme Court unanimously ruled on December 11, 2019, that the United States Patent and Trademark Office (USPTO) cannot demand repayment of attorney’s fees in district court proceedings brought under 35 U.S.C. § 145. For a summary of the arguments presented during oral arguments, see the author’s previous post here. The opinion written […]

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Meet DABUS: An Artificial Intelligence Machine Hoping to Maintain Two Patent Applications in its own Name

By Blog Staff

Three patent offices face questions stemming from the growing implications of artificial intelligence (AI) disrupting the intellectual property legal framework. The United States Patent Office (USPTO), European Patent Office (EPO), and United Kingdom Intellectual Property Office (UKIPO) recently received two patent application filings directed to a beverage container and a flashing device used for attracting […]

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