Prosecution Pointer 395

The U.S. Patent and Trademark Office (USPTO) announced on January 14, 2025, a new Artificial Intelligence (AI) Strategy which provides a vision for how the USPTO can encourage accountable AI innovation.

On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS).

What Is The Patent Process?

The Ninth Circuit's decision in Comet Technologies USA, Inc. v. XP Power, LLC reversed a $40 million verdict and established critical precedent regarding burden of proof requirements in trade secret cases under the Defend Trade Secrets Act. This episode examines how the appellate court's ruling reshapes expectations for proving trade secret misappropriation and highlights the risks of improper jury instructions when claims are dismissed during trial.

Counterfeit electronics coming from China are increasingly problematic for many companies. The proportion that are seized by US customs is miniscule compared to those that make it into the country, despite recent efforts.

The November issue of Squire Patton Boggs Bio/Pharma Beat is now available. Our monthly newsletter reports on important patent law developments in biotech,...

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. Litigation finance and contingency arrangements have emerged not as exploitation but as necessary responses to a system where defending patent rights can cost $12-20 million, making infringement economically rational even when patents are strong.

Leveling Up Or Losing Rights? Copyright Challenges Of AI-Generated Content In Gaming

A federal district court in Idaho denied McCain Foods' post-trial motions in a design patent dispute over French fry shapes, upholding a jury verdict that found McCain's "Twisted Potato" willfully infringed Simplot's design patent. The decision reinforces critical procedural requirements for Rule 50 motions and clarifies standards for proving design patent infringement through photographs and marketing materials.

On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS).

The USPTO only issues one original grant copy of a patent to the inventor. One, however, can obtain a certified (blue ribbon and seal copy) by contacting the Certification Division (800.972.6382).

The USPTO regularly offers its Stakeholder Training on Examination Practice and Procedure for individuals who have recently passed the Patent Bar for the purpose of representing applicants before the USPTO.

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.

Recent EU and UK court decisions have reshaped the landscape of data protection compliance, clarifying critical boundaries around consent, data subject rights, cybersecurity obligations, and children's privacy. These rulings demonstrate that organizations must move beyond formal compliance to embed proportionality, accountability, and risk-based decision-making into their data processing activities, even when disclosures are legally required or supported by valid legal bases.

The AccessUSPTO pilot program works with national organizations and the public that do not specifically focus on intellectual property (IP), but whose members include aspiring creators...

There is a third-party observation system in PCT applications. Under Part 8, Section 801, the IB provides an electronic system for third parties to make observations...

The USPTO's Patent and Trademark Resource Centers Program (PTRC) administers a nationwide network of public, state and academic libraries designated...

The USPTO issued guidance to judicial Boards on holding parties responsible for the misuse of AI in legal proceedings. The guidance clarifies exiwsting rules and policies and discusses...

Use Patent Assignment Search to search the database of all recorded Patent Assignment information from 1980 to the present...