On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent Judges (“APJs”) and issue, modify, or otherwise change those decisions on behalf of the Patent Trial and Appeal Board (“PTAB”). This new approach was formed in response to the Supreme Court’s conclusion that the unreviewable authority wielded by APJs during…
Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin cryptocurrency. The most innovative part of blockchain is that it is decentralized: not controlled by any one person or company. It is transparent in the sense that anyone can view the ledgers (if you know where to look). Blockchain technology can be used in several…
On December 27, 2020, President Trump signed the highly anticipated COVID-19 stimulus relief and government-funding bill. The second stimulus package is omnibus legislation spanning over 5,500 pages, and includes several provisions that will influence the intellectual property legal landscape. In this article, we will take a brief look at the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”). The CASE Act revises the Copyright Act, 17 U.S.C. §§ 101 et seq., and creates a cost-effective…
The Brexit transition period ended on December 31, 2020. As of January 1, 2021, the United Kingdom will have left the European Union trademark and design system. Although European-wide rights such as European Trademarks (EUTMs) will now cease to have effect in the United Kingdom, identical U.K. trademark rights will be automatically created or “cloned” from corresponding European Union trademark registrations. Note, however, that U.K. rights from EUTM applications that are pending as of December…
Over the weekend, President Trump signed the second COVID-19 relief bill. While Coronavirus relief takes center stage in the news, the omnibus legislation is actually a hefty, 5,500+ pages with noteworthy changes to intellectual property law. In this first of three posts, we’ll take a brief look at the coming changes to federal trademark law. Flexible Response Periods and Extensions of Time – The Trademark Office currently provides applicants a generous six-month window for responding…
With businesses becoming increasingly dependent on the sale of goods at online marketplaces such as Amazon.com, especially during the pandemic, it has become increasingly important to quickly combat product listings that violate intellectual property rights. Amazon’s new Utility Patent Neutral Evaluation Process (UPNEP) provides a streamlined process for contesting product listings that infringe patent rights.  The process generally takes 8-10 weeks to complete, which is relatively fast for such infringement proceedings. The UPNEP is an…
The scope of European design patents are quite surprising. Unlike in the U.S., design patent applications in Europe are not reviewed by an Examiner to determine patentability – the patent application just has to meet the formality requirements to grant. Thus, the European Union Intellectual Property Office (EUIPO) does not determine the scope of a design patent, a European court does. In addition, European design patents can be used to protect designs typically protected with…
Today, Dickinson Wright PLLC launches its latest blog, IP Brief. Our blog will provide you with up-to-date information on new issues impacting all aspects of the intellectual property law landscape. IP Brief will cover a variety of topics in the fields of patent, trademark and copyright law, as well as legislative updates, case studies, and practical information that can help you protect your IP assets. Our goal is to help you understand the ever-changing area…