On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS). The new Assignment Center will fully replace EPAS and ETAS for processing all patent and trademark reassignment requests. The
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Generating Litigation: N.D. Cal. Dismisses Some Copyright Claims in Andersen and Kadrey AI Cases
The groundswell of lawsuits filed against generative artificial intelligence (GenAI) companies based on various theories of copyright infringement shows no sign of abating. Readers following this issue will be aware, for example, of the claims filed by the New York…
Prosecution Pointer 408
Use Patent Assignment Search to search the database of all recorded Patent Assignment information from 1980 to the present (Patent Assignments recorded prior to 1980 are maintained at the National Archives and Records Administration). You may email questions about searching…
Prosecution Pointer 407
If a maintenance fee on a US patent has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate…
Prosecution Pointer 406
In the USPTO’s Patent Center, saved submissions will be stored for 14 days.Read more
Federal Circuit Follows Through on Amgen Enablement Analysis in Baxalta Inc. v. Genentech
Fitness Franchise Hamstrings Naked Licensing Defense on Summary Judgment
Licensing trademarks to franchisees can be a valuable and successful business model—think McDonald’s, Papa John’s, Dunkin’, Orangetheory—but it also comes with some risks. One of those risks is naked licensing, which occurs when a licensor (or franchisor) fails to adequately…
Prosecution Pointer 405
In the USPTO’s Patent Center, specifications, claims, abstracts and drawings are the only application parts that can be submitted in .docx.Read more
Interview, Interview, Interview! Part 3: Conducting the Examiner Interview
Prosecuting a patent application may be viewed as a negotiation. The practitioner’s objective: to obtain the desired claim scope for your client; minimize amendments/arguments that might reduce the scope of literal claim coverage or even claim coverage under the doctrine…
Interview, Interview, Interview! Part 2: Interview to Expedite Prosecution
Examiners do not have much time to search and act on a single application. In addition, often the subject matter is highly complex. An interview can be an ideal teaching opportunity with charts, tables, pictures, and other means of disseminating…