Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 02 NOVEMBER 2022

Three-Month Response Period For Office Actions Takes Effect Soon

Buchanan Ingersoll & Rooney
Explore more from Buchanan Ingersoll & Rooney

The Trademark Modernization Act of 2020 (TMA), which went into effect on December 18, 2021, was implemented to make the registration process at the United States Patent...

United StatesIntellectual Property
Bassam Ibrahim
Bassam Ibrahim
Michael R. Stephenson
Michael R. Stephenson
Erin Napoleon
Erin Napoleon
Author LinkedIn connections

The Trademark Modernization Act of 2020 (TMA), which went into effect on December 18, 2021, was implemented to make the registration process at the United States Patent and Trademark Office (USPTO) more efficient. In response to a surge in trademark applications causing serious delays in application processing time at the USPTO, the TMA introduced a new deadline to respond to Office Actions in an effort to increase efficiency and flexibility.

This new practice will officially begin on December 3, 2022.

New Response Deadline

Under the USPTO's current practice, applicants have a six-month statutory period to respond to Office Actions. However, beginning on December 3, 2022, applicants will have a three-month period (with a possible three-month extension) to respond to Office Actions. The shortened response period only applies to Office Actions issued on or after December 3, 2022. Applicants that receive Office Actions prior to December 3 will continue to have

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United StatesLitigation, Mediation & Arbitration
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Update On CAPE Phase 3 Duty Refunds From U.S. Customs And Border Protection

U.S. Customs and Border Protection has announced that importers with court orders for IEEPA duty refunds on finally liquidated entries can begin filing for those refunds starting October 6, 2026, through the CAPE Phase 3 system. This development follows the Supreme Court's February 2026 decision striking down IEEPA tariffs and represents a critical step for importers seeking refunds on entries liquidated for more than 80 days.
United StatesInternational Law
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

NCAA Enjoined From Enforcing New Fifth-Year Eligibility Rule

A federal court has issued a nationwide injunction blocking the NCAA from enforcing its new five-year eligibility rule against Division I athletes who graduated high school in 2022. The ruling creates immediate compliance challenges for athletic departments as they navigate roster management, revenue-sharing caps, and potential penalties while the NCAA appeals the decision.
United StatesConsumer Protection
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Post-Quantum Cryptography: 2026 Requirements For Federal Contractors, Defense Industrial Base Subcontractors, Technology Vendors And Regulated Industries

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.
United StatesTechnology
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

FDA Submits Interim Peptide Compounding Policy For White House Review: What Pharmacies Should Know

FDA has submitted an interim access policy for peptide compounding to the Office of Management and Budget for review, marking a potential shift in federal enforcement. While the submission signals regulatory progress, the policy's scope, covered substances, and operational requirements remain undisclosed, leaving compounding pharmacies to navigate uncertainty about which peptides will qualify and under what conditions they may be prepared.
United StatesFood, Drugs, Healthcare, Life Sciences
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Defense Counterintelligence And Security Agency Report Reveals Threats To U.S. Cleared Industry

The Defense Counterintelligence and Security Agency has released its 2026 annual report revealing alarming trends in foreign exploitation of U.S. cleared contractors and sensitive technologies. With over 22,000 suspicious contact reports and 2,900 identified incidents in FY 2025, the report exposes how foreign entities systematically target subject matter experts and leverage cyber operations to access classified information. The analysis highlights critical shifts in threat patterns, communication methods,
United StatesGovernment, Public Sector
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

The House Energy And Commerce Committee’s Fraud Report And The Direction Of Health Care Enforcement

A House Committee staff report proposes shifting federal health care programs from a "pay and chase" to a "detect and prevent" fraud model, identifying high-risk service lines and recommending expanded enforcement authority for CMS. The report examines case examples involving pharmacies, telemedicine platforms, and multi-state schemes, while acknowledging that improper payments encompass a spectrum from documentation errors to deliberate billing fraud.
United StatesFood, Drugs, Healthcare, Life Sciences
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney