Timely updates and interesting insight on patent, trademark, and copyright law.
The United States Patent and Trademark Office (USPTO) recently launched a new “Fast-Track Appeals Pilot Program” on July 2, 2020. The Program allows for expedited resolution of ex parte appeals in US patent application prosecutions. The Program serves as an extension of the “Track One” prioritized examination program and is intended to provide applicants with another opportunity to expedite US patent prosecution.
Prior USPTO CARES Act extensions waived certain fees and deadlines up until July 1, 2020. With the July 1, 2020 date looming and the need for relief remaining at a high level, today (June 29, 2020) the USPTO further extended the time for small and micro entities to pay certain patent-related fees that would otherwise have been due on or after March 27, 2020.
Time spent on securing Food and Drug Administration (FDA) approval for regulated products (such as pharmaceuticals, medical devices, and agrochemicals) effectively shortens the term of patent protection for the underlying invention of those products.
On May 27, 2020 the United States Patent and Trademark Office (USPTO) extended patent deadlines for small and micro entities to July 1, 2020.
Continuing its efforts to accelerate the commercialization and available of technologies addressing COVID-19, the United States Patent Office (USPTO) has announced a new COVID-19 Prioritized Examination Pilot Program.
Yesterday, May 4, 2020, the United States Patent and Trademark Office (USPTO) took a surprising leap into commercialization of patented and patent pending technologies, unveiling a web-based marketplace platform for intellectual property (IP).
Yesterday, April 28, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced further extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees. This new Notice supersedes the prior Notice published on March 31, 2020.
Today, March 31, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees.
Everyone knows you should keep an eye out for people using your intellectual property. But in the social media era, it can be hard to get other people to stop without coming off as, well, a bit of a jerk.
Drones have cruised their way into our everyday lives. Real estate, law enforcement, photographers, and hobbyists have all found the unmanned aerial vehicles to be useful and interesting. However, some have found drones to be a bit of a nuisance: airport control operators in particular. In June, the FAA issued a set of rules for regulation of small unmanned aircraft systems (drones) and their operation/flight. These rules became effective on August 29, 2016.
A debate has raged for years as to whether the infamous English rock band Led Zeppelin in its guitar intro to “Stairway to Heaven” infringed the copyright of the song “Taurus” by the American rock band Spirit. It has been alleged that Jimmy Page borrowed the descending guitar line from “Taurus” for Led Zeppelin’s signature song “Stairway to Heaven”.
The NCAA men’s basketball tournament is full of well-known trademarks. The NCAA hits its viewers over and over with “March Madness,” “Sweet 16,” “Elite 8,” “Final Four,” and “Big Dance,” like a skilled point guard dropping dimes.
The members of a Metallica tribute band, Sandman, received an unusual surprise when they showed up recently to play a show at FitzRays, in London, Ontario. A 41-page cease-and-desist letter was waiting for them the moment they arrived. The letter, sent by a Metallica attorney, demanded that the band, which bills itself as “Canada’s Number One Tribute to Metallica,” stop using the Metallica name and the following logo:
On a cold winter day it’s interesting to learn that on January 14, 1918, T.J. La Cras of Toronto, Canada filed a patent application for an “Antislip Device for Crutch-Tips.” From a review of the patent, it appears to be snow-chains for the rubber element on the bottom of a crutch.
The physical location of extraterrestrial activities and recent blending of state or country owned activities and private or commercial activities result in a legal framework nearly as complex as outer space.
Can a company obtain exclusive rights to zilch, nada, nothing? For years, two beverage giants have been trying to find out.
Due to the numerous changes in copyright law over the years since the song was written in November of 1934, “Santa Claus Is Comin’ to Town” has taken quite the winding path “to town.”
Taylor Swift, the Magistrate Judge, and even the Plaintiff all came out ahead in recent litigation brought against Swift for copyright infringement.
Many businesses expect their intellectual property protection to extend beyond U.S. borders–but that protection can depend on a number of different laws. Recently, there has been buzz about the Trans-Pacific Partnership (TPP), which includes a number of provisions that will impact the international intellectual property protection landscape.
Daily fantasy sports operators have been on the offensive recently, aggressively growing the popularity of their services. But they have also been defending their turf against potential regulation and a growing number of intellectual property lawsuits. So, what is the scoreboard ultimately showing for these companies?
WARF won a major battle last week when a Wisconsin federal jury found that technology in Apple’s iPhones and iPads infringes a WARF computer processor patent. However, the war may not be over.
Last week, the Ninth Circuit decided that the sequence of poses that make up Bikram yoga is not copyrightable. Among other implications, this shows that each intellectual property protection has its boundaries, and creators need to be careful to know which sandbox they are playing in and act (and register) accordingly.
The soon-to-be-launched Global Dossier will allow applicants to better retrieve patent information and simplify filing of applications.
Johnsonville Sausage to punt and phase out “Backyard Grilled Brat” after trademark lawsuit.
Have you ever noticed that a fashionable design you may see at a high end clothing store will often show up a few weeks later at Target or Wal-Mart?
Congratulations! You’ve decided to file for IP protection for your patent or trademark. You’ve paid the filing fees, but for some reason you’ve started getting mailings asking for more money, and some look pretty official:
President Obama recently called on Congress to lift the U.S. embargo on Cuba. While many estimate that the embargo will likely continue for more than a year, anyone preparing to do business in Cuba should include Cuban trademark applications and registrations in its preparations.
United States applicants are now able to file international design applications either directly through the World Intellectual Property Organization or indirectly through the United States Patent & Trademark Office.
Have you ever wondered why your pending U.S. patent application(s) see quarterly increases in activity? Or why certain activities during patent examination take longer than others?
Inventors aren’t always ready to hire an attorney in private practice. So what is an inventor to do?
Fair use has been getting tossed around a lot lately, especially regarding parody. Between llamas on the loose and The Dress was the joy of Brody and his bar mitzvah video.
Over the past few weeks, New York, London, Milan and Paris have been showing off the fashions that will be “it” for the fall. In Europe, fashion designs may be eligible for industrial design protection. However, in the United States, there is no such specific protection.
A provisional patent application can allow inventors to explore the market for a product before investing lots of money in a non-provisional patent application. There is a trade-off, though.
The Trademark Manual of Examining Procedures makes it clear that a title, or a portion of a title, of a single creative work must be refused registration. However, Ms. Swift is not registering these lyrics for her song or album.