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, entrepreneurs, and inventors that could benefit from knowing how to protect their ideas, creations,
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The Federal Circuit’s Heartfelt Affirmation of Everybody’s Right to Use “Everybody vs. Racism”
On January 22, 2024, the Court of Appeals for the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (the “TTAB”) to refuse registration of the phrase EVERYBODY VS RACISM in connection with merchandises and services promoting…
Update on Subject Matter Eligibility in the U.S.
The subject matter eligibility threshold under 35 U.S.C. § 101 continues to stymie efforts at patent enforcement and procurement, particularly in the fields of software and diagnostics. Under § 101, an invention is eligible for a patent if it is…
Prosecution Pointer 416
Jury Rules that Kat von D’s Miles Davis Tattoo Did Not Infringe
Katherine von Drachenberg using the Miles Davis reference. Screenshot from Complaint.Read more
Prosecution Pointer 415
Trademark Application for Fruity Pebbles’ Colors—“Yabba-Dabba-Delicious” but Not Protectable
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed refusal of Post Foods, LLC’s application to register a color mark, consisting of “the colors of yellow, green, light blue, purple, orange, red and pink applied to the…
Update to USPTO Guidance for Determining Obviousness
In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.”. This was updated in 2010 and now, as of Feb. 27, 2024,…
Prosecution Pointer 414
The USPTO’s Patent and Trademark Resource Centers Program (PTRC) administers a nationwide network of public, state and academic libraries designated as Patent and Trademark Resource Centers authorized by 35 U.S.C. 12 to: disseminate patent and trademark information and support diverse…
“In the Ayer”: The Supreme Court Considers the Availability of Retrospective Damages for Copyright Infringement
On February 21, 2024, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, a case focusing on the availability of damages for copyright infringement. At issue is whether a copyright plaintiff may obtain retrospective relief for…