Considerations in Addressing Potential Patent Infringement
A patent owner’s strategy for addressing potential infringement should be tailored to account for both legal and commercial concerns specific to his or her circumstances. For instance, if a patent owner is primarily seeking to initiate licensing negotiations with a potential infringer, the patent owner’s communication(s) with the potential infringer should be conveyed differently than…
Expiration of the Covered Business Method Program Approaching
The Transitional Program for Covered Business Method Patents (the “Program”) is scheduled to be repealed on September 16, 2020. This program provides for a transitional proceeding, in certain circumstances, by which the validity of a covered business method patent can be reviewed. Although the Program will be repealed on September 16, 2020, a petition to…
United States Copyright Office expands Electronic Filing Capabilities amid COVID-19
Responding to the impact of COVID-19, the United States Copyright Office (“Copyright Office”) expanded its electronic filing capabilities for many service that otherwise could only be filed by physical delivery, such as notices of termination, requests for reconsideration of refusals to register, and requests for removal of personally identifiable information from the public record. Read…
Extension of Trademark Timing Deadlines under CARES Act
Subsection 12004(a) of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizes the United States Patent and Trademark Office (“USPTO”) to toll, waive, adjust, or modify any timing deadlines established by the Trademark Act, or regulations enacted thereunder, in effect during the emergency period, so long as, the Director of the USPTO determines…
USPTO allows Electronic Filing of Certain Patent Term Extension Applications amid COVID-19
Ordinarily, filing initial patent term extensions using the United States Patent and Trademark Office (“USPTO”) patent electronic filing systems is prohibited. See Legal Framework for Patent Electronic System, section B2, Item 4; MPEP 502.05. 37 CFR 1.183 provides that certain regulatory requirements can be suspended in an “extraordinary situation” when justice requires. Recently, COVID-19 has…
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