Improved Forecast for IP Harvest: Gathering Seeds from USPTO Memo on Vanda

    Following the Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Cir. 2018), the U.S. Patent and Trademark Office issued a memo to the patent examination corps clarifying the patent eligibility of certain method of treatment claims. In particular, the USPTO’s guidance clarifies that method of treatment claims which …

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Pick Up the (Patent Process) Pace!

A common frustration for patent applicants is the incredibly slow pace at which an application proceeds from filing to receipt of a substantive examination report to allowance. On average it takes 15.7 months for a patent application to receive even a first substantive examination report! The Patent Office has recognized this problem and implemented several initiatives which …

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Happy Birthday Coca-Cola® Bottle!

100 years ago today, inventor Alexander Samuelson was granted the design patent for the bottle that would come to be known as the iconic Coca-Cola® bottle. The design patent lasted 14 years and then expired, but obviously the design has lived on, and is now considered protected under trade dress laws. The term of design patents filed …

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USPTO Reduces Certain Trademark Filing Fees

By: Tom Dunn On January 17, 2015, the USPTO reduced certain trademark filing fees and introduced a new electronic application filing option. The fee for both the TEAS Plus application and the TEAS Regular application are reduced by $50. The TEAS Reduced Fee (TEAS RF) application is a new filing option, and one may still …

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Washington Redskins Trademark Canceled: What Does This Mean For the Team?

By: Sheri Mason The Trademark Trial and Appeal Board issued a decision today cancelling six of the Washington Redskins’ registered trademarks, finding that the marks disparage Native Americans. In 2006, five Native Americans filed a petition to cancel the marks, which were registered between 1967 and 1990, on the grounds that the marks disparage Native Americans. …

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Protecting Your Trademark: Top 10 Reasons To Register Your Trademark In The U.S.

By: Tom Dunn Trademark registration is not required in the United States, however, owning a federal trademark registration enhances rights in a mark.  Here are the top ten reasons why you should register your mark with the United States Patent and Trademark Office: Prevention:  Registering your mark can prevent potential conflicts from arising. Prospective applicants …

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USPTO Proposes Reducing Fees for Trademark Applications and Renewals Filed Electronically

By: Thomas Dunn The USPTO has issued a notice of proposed rulemaking relating to the reduction of fees for trademark applications and trademark renewals filed electronically. Currently the per-class fees for filing an application for registration of a trademark are set at $375 for filing a paper application, $325 for filing electronically using the regular Trademark …

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USPTO Announces Glossary Pilot Program to Expedite Software Patent Applications

By: Sean Detweiler The USPTO recently announced the launch of a new pilot program called the Glossary Pilot Program, to run from June 2nd until December 31st.  The program is for software patent applications and requires an applicant to include a glossary section in the patent application specification to define terms used in the patent claims. …

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Changes To Implement the Patent Law Treaty

By: Stanley Chalvire On Wednesday, December 18, 2013, new U.S. Patent and Trademark Office (USPTO) final rules addressing the implementation of the Patent Law Treaties Implementation Act of 2012 (PLTIA) took effect, revising the rules of practice pertaining to patent cases.  The final rule was issued on October 21, 2013 pursuant to title II of the …

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Andrew Bunin to Panel BPLA Event

On Wednesday, April 17th MBBP Attorney Andrew Bunin, a former patent examiner, is sitting as a panelist for a Boston Patent Law Association event titled "Communicating with the USPTO - How to (hopefully) obtain favorable results when interacting with examiners and the USPTO". The event is meant to provide some insight into how the Patent Office operates …

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