The owner of a patent application who is dissatisfied with an Examiner’s rejection may Appeal to the Patent Trial & Appeal Board (PTAB or Board) for review. The Appeal is reviewed by a “fresh pair of eyes,” namely a panel of three admin…
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As of July 1, 2022, Intellectual Property Offices will be enforcing the World Intellectual Property Organization (WIPO) Standard ST.26, which prescribes requirements for the presentation of nucleotide and amino acid sequence listings in patent applic…
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Fraudulent trademark registrations reduce the number of available trademarks that legitimate businesses could otherwise benefit from using. H.R. Rep. No. 116-645, at 8-9 (2020). See, 86 Fed. Reg. 64300 (Nov. 17, 2021). In an effort to reduce fraudule…
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Brand recognition goes beyond a recognizable word, phrase or logo. The color of a product or service can be as important and, in some instances, even more important. Colors have been increasingly used as trademarks in the marketplace, as they can pro…
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Each inventor named on a U.S. patent application must execute an oath or declaration (or, in appropriate cases, a substitute statement must be provided for them). Generally, an applicant needs to submit the declarations, or substitute statements, no…
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Patent law bestows certain exclusive rights to patent owners. For example, under section 271(a) of the Patent Act, patent owners have the exclusive right to make, use, offer to sell, or sell any patented invention within the United States, or import…
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