Intellectual Property Law Knowledge Center

USPTO to Delay the Effective Date of the Non-DOCX Filing Fee

November 22nd, 2021

Breaking News – The USPTO has decided to delay the effective date of the non-DOCX surcharge fee from January 1, 2022 to January 1, 2023, giving applicants more time to adjust to filing their patent applications in DOCX format.

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Duty of Disclosure

November 12th, 2021

At Panitch Schwarze Belisario & Nadel LLP, we proactively address intellectual property issues related to our clients’ Duty of Disclosure to the U.S. Patent and Trademark Office. Under the Duty of Disclosure, the Patent Office requires applicants to disclose any publicly available references, known as “prior art,” which may be relevant to the patent application.

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Blue Light Special: Federal Circuit Reverses PTAB Obviousness Determinations Due to Lack of Substantial Evidence

November 8th, 2021

The Federal Circuit in University of Strathclyde v. Clear-Vu-Lighting, 2020-2243 (Nov. 4, 2021) reminded practitioners and the PTAB that factual findings – including the presence of claim elements in prior art references and whether a person of skill (POSA) would have had a reasonable expectation of success in combining references – must be supported by substantial evidence

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Federal Circuit Reaffirms Valeant Hatch-Waxman Venue Ruling

November 5th, 2021

In a November 5 opinion, the Federal Circuit reaffirmed in Celgene v. Mylan that venue for domestic entities in Hatch-Waxman disputes resides where the act of preparing the ANDA occurred or where it is submitted – neither of which was in New Jersey where the case was filed.

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USPTO Announces DOCX Requirement for Certain Patent Applications

October 28th, 2021

Starting January 1, 2022, the United States Patent & Trademark Office (“USPTO”) will begin requiring that certain patent applications be filed electronically in “DOCX” format to increase efficiency and accuracy during the examination process.

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Mark-Up of 35 U.S.C. Showing Proposed Changes from the Restoring AIA Bill and Initial Commentary, Part I

October 5th, 2021

Attached is a mark-up of the relevant sections of U.S. Code Title 35 showing the changes proposed by the recently-released “Restoring America Invents Act” authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX).

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NFTs and Intellectual Property

July 22nd, 2021

As an intellectual property attorney, and a self-professed “car guy,” the recent intersection of “nonfungible tokens” (NFTs) and collector cars caught my attention. 

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Urgent IP Notice: U.K. Filing Deadline for BREXIT Cloned EUTMs and IRs is September 30, 2021

June 22nd, 2021

At the end of 2020, because of Brexit, the United Kingdom formally separated from the European Union trademark system. This separation affected European Union Trademark registrations (EUTMs) that existed at that time, as well as existing International Registrations (IRs) extended to the European Union.  It also affected pending EUTM applications and IR extensions of protection to the EU.

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Oracle v. Google: The Never-Ending Case Finally Ends

June 7th, 2021

An intellectual property dispute between Oracle and Google that began over a decade ago, has finally reached its conclusion, in a Supreme Court decision rendered on April 5, 2021.

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Brazilian Supreme Court Decides All Patents Receive Patent Term of 20 Years

May 26th, 2021

Recent decisions by the Brazilian Supreme Court removed the option of patent term extension and retroactively changed the patent term on previously granted pharmaceutical and medical device patents.

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