World Trade Organization Considers IP Rights for Covid Vaccines      

By Kirk M. Hartung

Today, December 10, 2020, the World Trade Organization (WTO) meets in Geneva, Switzerland, to discuss proposals that, if approved, would waive or block some worldwide intellectual property rights regarding Covid 19 vaccines. In October, India and South Africa raised this IP issue with WTO, arguing that in view of the pandemic, freeing the vaccines from […]

“Naked” at the Federal Circuit

By Julie L. Spieker

On December 4, 2020, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) denied petitions by Naked TM, LLC for a panel rehearing and a rehearing en banc of the decision in Australian Therapeutics Supplies Pty. Ltd. v. Naked TM, LLC, 965 F.3D 1370 (Fed. Cir. 2020). The Trademark Trial and Appeal Board […]

Heidi Nebel Meets with Biden Harris Transition Team for Department of Commerce

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Heidi S. Nebel, Managing Member of McKee, Voorhees & Sease, PLC (MVS), and recently elected Board of Directors Member for AUTM, is meeting with the Biden Harris transition team that oversees the United States Patent and Trademark Office (USPTO).  The transition team includes a review committee for the Department of Commerce and has reached out […]

USPTO to Increase Trademark Fees in 2021

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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 […]

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

By Blog Staff

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 […]

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, […]

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

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, […]

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 […]

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, […]

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 […]