Posts in IPWatchdog Articles

Coalition Aims to Combat Biden March-In Proposal, Other IP Threats

The U.S. Chamber of Commerce today announced it is partnering with entrepreneurs and other business advocates to counter threats to innovation due to “excessive government overreach,” including the Biden Administration’s proposed framework to expand the use of so-called patent march-in rights.

Understanding IP Matters: Create, Invent, Track — Managing Digital Rights for IP and AI Value

If you don’t know how your intellectual property is being used, when, or by whom, you have little control over it — and are less likely to be paid. The field of digital rights management evolved from the need to track and protect how intangible property, specifically data and software, is accessed at scale. Today, innovative companies like Intertrust Technologies are using the technology to authenticate access and create digital value chains for copyrights, especially audio and visual content, and other assets.

USPTO Issues Reminder to Examiners on Means-Plus-Function Analyses

The U.S. Patent and Trademark Office (USPTO) on Tuesday, March 19, issued a memo for all patent examiners reiterating its current practices and resources for examining means-plus-function and step-plus-function claim limitations. The memo is primarily focused on reminding examiners that they must create a clear record explaining their interpretation of such claims and points to various resources and training tools that are available to assist them.

The Trains, Planes and Automobiles of Correcting DOCX-Related Errors

Similar to Steve Martin and John Candy’s calamitous odyssey in the classic 1980s film Planes, Trains and Automobiles, patent practitioners are experiencing their own misadventures when filing applications in the DOCX format. As of January 17, 2024, the U.S. Patent and Trademark Office (USPTO) mandated submitting all specification, claims and abstracts of non-provisional applications filed under 35 U.S.C. 111(a) in DOCX format or incurring a $400 surcharge (non-discounted). The DOCX mandate came after thousands, and likely tens of thousands, of practitioners, directly or indirectly, communicated their significant procedural, technical, legal, ethical, professional liability, and financial concerns to the USPTO.

Law Professors Say Judicial Conference’s Guidance on Case Assignment Practices is ‘Toothless’

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court. While the Conference’s guidance clarifies that the amendments are intended to impact patent lawsuits, where claims of judge-shopping have been rife, commentary from legal scholars highlights several issues with implementing these policy changes in the patent infringement context.

IP Goes Pop! – USPTO History Matters

This episode of IP Goes Pop!® takes listeners on an intimate journey into the archives of the United States Patent and Trademark Office (USPTO) and their historical significance. Guided by USPTO historian Rebekah Oakes, co-hosts, Shareholders, and Intellectual Property Attorneys Michael Snyder and Joseph Gushue explore the agency’s rich history and its impact on innovation and intellectual property.