Intellectual Property Law Knowledge Center

Patent Protection Filed for Invention Devices Generated by AI

September 11th, 2019

The proliferation of artificial intelligence (AI) into new and unexpected aspects of modern life turned a new corner in recent months when patent applications were filed in the United States, Europe, the United Kingdom, and with the World Intellectual Property Organization (WIPO) on behalf of an AI machine named “DABUS” which invented two new products.

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2019 Supreme Court and Federal Circuit IP Year in Review

August 20th, 2019

By Sam Steiger, Summer Associate Throughout 2018 and 2019, Panitch Schwarze has carefully watched key intellectual property disputes at the U.S. Supreme Court and the Court of Appeals for the Federal Circuit (CAFC). The following cases will impact the protection of intellectual property in the United States. Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc….

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Overview of USPTO Requirements for Specimens of Use

August 7th, 2019

What is a Specimen of Use? A specimen of use shows the manner in which a trademark is seen by the public. A specimen is a real-life example of how the trademark is used in commerce on or in connection with the goods and/or in connection with the offering or promotion of the services.

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USPTO Announces New Trademark Rule Requiring Foreign Entities to be Represented by Qualified U.S. Attorney

July 30th, 2019

Effective August 3, 2019, the United States Patent and Trademark Office (“USPTO”) has amended its Rules of Practice in Trademark Cases to require foreign applicants, registrants, and parties to trademark proceedings before the USPTO’s Trademark Trial and Appeal Board to be represented by a qualified U.S. attorney.

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Notice Regarding Brexit’s Impact on Your Trademark in the European Union

February 28th, 2019

Once the UK exits the EU, all laws of the EU will cease to apply to the UK. In particular, the EU regulations that allow you to secure a single registration to protect your trademark in all 28 Member Countries of the EU will no longer include the UK.

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Are You Offended?: Scandalous and Disparaging Trademarks

January 17th, 2019

Not every name or brand is eligible for federal trademark registration with the U.S. Patent & Trademark Office (USPTO). One of the reasons the USPTO might reject an application to register a trademark is because the trademark is considered offensive.

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Waiting to Enforce your Trademark Rights

November 20th, 2018

Owning a trademark brings certain benefits and obligations. If you are the first entity in a particular geographic area to use a distinctive word (or phrase, logo, color, etc.) to sell a product or to provide a service, then you may claim exclusive rights in that area for that trademark on those products or services. Your trademark rights allow you to preclude subsequent entities in the same area from using the same, or confusingly similar, trademark on related products or services.

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Understanding the Use of Decision Trees in Mediation

November 8th, 2018

A useful tool in preparing for mediation or in a mediation itself is a decision tree. Decision trees, also known as flow charts, help attorneys to make decisions early in the mediation process and plan for potential outcomes.

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Revised PTAB Operating Procedures Will Mean Transparency and Reliability for Patent Owners

October 4th, 2018

The Patent Trial and Appeal Board (PTAB), created in 2012 as part of the America Invents Act, a branch of the United States Patent and Trademark Office (USPTO) that hears appeals to adverse examiner decisions and conducts trials, including inter partes reviews and post-grant challenges. Ideally, the PTAB is meant to ensure the predictable, uniform, and unbiased application of USPTO policy to patent applications.

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What do the ™, ℠, ®, ©, and “Pat. Pend.” Symbols Mean? How should I use them?

September 5th, 2018

Intellectual property assets are valuable. One way to maintain the value of those assets is to correctly use the applicable notice, shown as symbols or specific phrasing, that publicly designate the type of protection claimed.

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