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Global IP & Technology Law Blog

USPTO Joins Other National Patent Offices by Extending Filing and Fee Deadlines in Response to COVID-19

By Alex Wolcott

April 1, 2020

The recent passage of the massive Coronavirus Aid, Relief, and Economic Security (“CARES”) Act by Congress authorized the United States Patent and Trademark Office (“USPTO”) to temporarily adjust its statutory time periods for replies and fees to help applicants file during the COVID-19 outbreak. With countless individuals and businesses significantly impacted by the growing pandemic, on March 31, 2020, the USPTO announced that certain deadline waivers could be requested to prevent patent applicant rights being…

Global IP & Technology Law Blog

Potential Bankruptcies Caused By COVID-19: What IP Licensees and Licensors Need to Know

By Squire Patton Boggs

April 1, 2020

It comes as no surprise that the COVID-19 pandemic has and will continue to negatively impact our economy and increase bankruptcy filings. Attorneys Mark Salzberg and Ivan Rothman analyze impacts of COVID-19 related bankruptcies for IP licensees and licensors in our sister blog, Restructuring GlobalView. The post details concerns from the licensee’s and licensor’s perspectives, explains what both parties should do to protect their interests, and reviews issues licensees should consider regarding escrow agreements.…

Global IP & Technology Law Blog

Foreign-based Companies Can Meet the Section 337 Domestic Industry Requirement

By Adam Hess & Christopher Adams

March 31, 2020

The United States International Trade Commission (ITC) can provide a powerful alternative forum for enforcement of Intellectual Property Rights, including U.S. patents.[1] But there are limitations on the actions that can be brought at the ITC. For example, to bring an action for patent infringement at the ITC, a patent owner must demonstrate, inter alia, that a “Domestic Industry” exists or is in the process of being established with regard to the articles protected…

Global IP & Technology Law Blog

CARES Act Authorizes the PTO to Extend Patent and Trademark Deadlines during Coronavirus Emergency

By Deborah Lodge & Christopher Adams

March 30, 2020

Other Squire Patton Boggs articles on the SPB Coronavirus Hub have highlighted the many remedial provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. Intellectual Property owners were not left out. Section 12004 gives the Director of the Patent and Trademark Office (PTO) the authority to “toll, waive, adjust, or modify” statutory deadlines under the Patent Act and the Trademark Act during the Emergency Period, if the Director determines that the…

Global IP & Technology Law Blog

Moving Cases Toward Completion During the Coronavirus Pandemic: Has the Time Finally Come for Increased Reliance on Remote Hearings and Depositions?

By Vid Bhakar, Steven Auvil & Tamara Fraizer

March 30, 2020

As more and more courts grapple with the Coronavirus Public Health Emergency, many are issuing Administrative Orders with provisions for conducting business via teleconference or videoconference. Most courts and litigators are familiar with holding status conferences and discovery dispute hearings by phone conference. But what should courts and parties do about complex hearings such as Markman hearings while social distancing measures are in place, especially if witnesses may be called? And what about using technology…

Global IP & Technology Law Blog

USPTO Launches New Innovation Platform To Improve Inventor Diversity

By Christopher Adams & Deborah Lodge

March 27, 2020

On March 24, 2020, the US Patent and Trademark Office (“USPTO”) launched the “Expanding Innovation Hub” (“Hub”), a centralized online platform to make the patent process more accessible to diverse inventors. USPTO Director Andrei Iancu and Deputy Director Laura Peter described the Hub as part of the USPTO’s efforts to “inspire more women, minorities, veterans, and geographically and socioeconomically diverse applicants to join the innovation economy.” The Hub is comprised of three components:…

Global IP & Technology Law Blog

False Advertising Claims Lurk in the Age of COVID-19

By David Elkins, Adam Fox & Eleanor Hagan

March 26, 2020

Companies around the world are scrambling to respond to the unprecedented challenges posed by the COVID-19 pandemic. We have all received many emails and seen a plethora of ads and social media posts by manufacturers, retailers and service providers about steps they are taking to respond to COVID-19 related challenges. The messaging is vital for keeping touch with customers and clients and supporting the public’s confidence that current circumstances are not spiraling out of control. …

Global IP & Technology Law Blog

Stop Trying to Trademark COVID and CORONAVIRUS

By Joseph Grasser & Marisol Mork

March 25, 2020

While the world deals with the growing global pandemic caused by the novel Corona Virus, SARS-CoV-2, and the COVID-19 disease that it causes, some out there are trying to take advantage of the crisis by seeking trademark protection over COVID and/or CORONAVIRUS. These attempts are not only in bad taste but are also unlikely to lead to trademark registrations.…

Global IP & Technology Law Blog

Federal Courts that Hear Intellectual Property Cases Requiring Litigation at a Distance

By Vid Bhakar & Tamara Fraizer

March 24, 2020

In an effort to contain the COVID-19 outbreak, courts across the US are now limiting services to those that are essential and enforcing social distancing, especially in civil matters. We summarize here key provisions of the COVID-19 orders for twelve federal courts that commonly hear patent, copyright, trademark and/or trade secret cases. These courts are currently addressing more than half of the nation’s intellectual property cases, and their changes in procedures and access may necessitate…

Global IP & Technology Law Blog

Public Procurement During the COVID-19 Outbreak

By Jenny Broderick, Elisabeth Fuller & Bethany Darragh

March 23, 2020

Many bodies which are contracting authorities for the purpose of the Public Contracts Regulations 2015 (“PCR 2015”), or equivalent contracting entities under the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and/or the Defence and Security Public Contracts Regulations 2011, will have a crucial role in responding to the COVID-19 outbreak. This may include a requirement to take urgent action, including procuring works, supplies or services, to address matters of public health and security.…

Global IP & Technology Law Blog

Blog Authors

USPTO Joins Other National Patent Offices by Extending Filing and Fee Deadlines in Response to COVID-19

Potential Bankruptcies Caused By COVID-19: What IP Licensees and Licensors Need to Know

Foreign-based Companies Can Meet the Section 337 Domestic Industry Requirement

CARES Act Authorizes the PTO to Extend Patent and Trademark Deadlines during Coronavirus Emergency

Moving Cases Toward Completion During the Coronavirus Pandemic: Has the Time Finally Come for Increased Reliance on Remote Hearings and Depositions?

USPTO Launches New Innovation Platform To Improve Inventor Diversity

False Advertising Claims Lurk in the Age of COVID-19

Stop Trying to Trademark COVID and CORONAVIRUS

Federal Courts that Hear Intellectual Property Cases Requiring Litigation at a Distance

Public Procurement During the COVID-19 Outbreak

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