Posts in Holiday Posts

Trademarks in 2022: Recounting the Most High-Profile Trademark Developments of the Year

This year saw an increased focus on the extraterritorial application of the Lanham Act, setting up a showdown at the Supreme Court in 2023. The last year also saw cases pressing the intersection of the Lanham Act with the First Amendment and artistic expression—both in the physical world and in the metaverse—and some rulings that will help clarify the likelihood of confusion analysis in various circuits.
As 2022 comes to an end, we look forward to what 2023 has in store.

The IP News that Mattered Most in 2022, According to You

Here we are again at the end of a year—this one the first in several where courts and business proceeded mostly as usual and relatively free of shutdowns and delays due to the pandemic. We had surprising denials at the Supreme Court, expected rulings from the U.S. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S. Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Below, some of our readers weigh in on what IP news mattered most to them in 2022—add your thoughts in the comments below!

Five Patent Highlights from Europe in 2022

The long-awaited introduction of the Unitary Patent and UPC should provide much interest in 2023, with attention likely to focus on the early numbers of applications for unitary effect, as well as the number of European patents opted out and the volume and nature of cases brought before the Court. At the EPO, decisions are expected from the Enlarged Board of Appeal in Case G 2/21, which concerns plausibility and post-published evidence, and Cases G 1/22 and G 2/22, concerning entitlement to priority. Oral proceedings in G 2/21 were held on 24 November. And the UK Supreme Court should hear the DABUS case and deliver its judgment in 2023.

AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people’s lives, such as in the criminal justice system or in hiring, which raises ethical concerns. Additionally, the development and use of AI and machine learning technologies can raise issues related to privacy and security. What could be a more fitting way to open a 2022 year-in-review article on AI and machine learning than by asking OpenAI’s newly beta-released ChatGPT tool to contribute? The above paragraph was generated using ChatGPT’s conversational, chat-based dialog input. The initial request of ChatGPT was the prompt: “Explain the social impacts of artificial intelligence and machine learning technologies over the past year.”

An IPWatchdog Events Year in Review: Looking Back on Our Program Highlights from 2022

The year 2022 brought a lot for IPWatchdog to be grateful for. It was the first year that IPWatchdog held “LIVE” programs in its brand new headquarters office, which opened in October in Ashburn, Virginia! We also hosted numerous webinars to bring in top minds from around the world, who discussed the gamut of IP law and practice topics. However, after COVID shutdowns and restrictions, we were especially excited to be able to open our doors and welcome in person conversation and networking with top thought leaders in the industry. As we look forward to what 2023 brings, let’s reflect on some memories from our in-person programs in 2022. We look forward to seeing you in 2023. Cheers to the New Year!

Holiday Gifts for IP Attorneys in 2022: Inventive Tools by Patent Advocates, Practical Office Gifts and One Mesmerizing Rolling Ball Clock

As we tick down the days until the holidays, there’s still time to make sure that you grab a meaningful present or two for the patent attorney in your life. A few of this year’s options feature authentic products from inventors who have faced uphill battles against well-resourced infringers. Other options on this list are very practical gifts that can help organize electronic accessories or ensure that an attorney’s handwritten notes during invention disclosures are quickly digitized. Finally, there are a couple of gift ideas below that provide a great deal of entertainment value, including one expensive conversation starter incorporating a unique clock technology into an impressively artistic metallic form.

What IP Stakeholders are Giving Thanks for in 2022

As we get ready to celebrate another Thanksgiving holiday in the United States, it’s time once again to reflect on the year so far and to look beyond the many challenges facing intellectual property (IP) owners to what there is to be thankful for. Whether it’s people—like Judge Paul Michel, Kathi Vidal, Senator Thom Tillis and Rep. Thomas Massie—or major developments—like the withdrawal of the latest Joint Policy Statement on SEPs and the introduction of legislation to reform patent eligibility law—the commenters below have found a lot of ways to give thanks.

What Scares You? A Few of the Most Frightening Developments in IP Law

Intellectual property (IP) law developments may not be high up on most people’s list of worst nightmares this Halloween, but for IP owners and lawyers, they can cause a fright. From patent eligibility to the economy, here are some thoughts on the scariest IP issues out there; add yours in the comments—if you dare.

World IP Day 2022 Emphasizes Youth Contributions to IP

It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as well as the day that the Convention establishing the World Intellectual Property Organization (WIPO) came into force (April 26, 1970). World IP Day was first observed in 2000 in an effort by WIPO to raise awareness of the importance IP plays in fostering innovation and creativity. This year, WIPO has chosen to focus on the theme of “IP and Youth: Innovating for a Better Future,” spotlighting young entrepreneurs and innovators across the globe. There’s a youth video competition, a World IP Day Youth Gallery, and dozens of events taking place worldwide throughout the week.

mRNA IP and Competitive Landscape: 2021 in Review – Part II, Sanofi, Startups, Conclusions and Outlook

This article, originally published on 12/27/2021, was updated on 1/12/2022 and republished on 1/13/2022 to include information that was omitted in error, beginning after “Conclusions and Outlook”.

In Part I of this post, we provided an update on three lead pioneers in the mRNA IP space, Moderna, BioNTech and CureVac. In this post we profile Sanofi, Arcturus, eTheRNA and other mRNA companies and offer conclusions. Sanofi (NASDAQ: SNY), headquartered in Paris, FR, acquired mRNA pioneer Translate Bio in September 2021 for approximately $3.2 billion and mRNA startup Tidal Therapeutics in April 2021 for approximately $470 million. With its acquisition of Translate alone, Sanofi obtained an mRNA pipeline of nine candidates (two in the clinic), hundreds of patents, and undoubtedly valuable mRNA-based technical and regulatory know-how.

The Road Ahead: Predicting IP Developments to Watch in 2022

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar. Here is what our contributors had to say.

Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year

It’s New Year’s Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry submission! Read on for more of our readers’ wildest IP dreams, and Happy New Year!

The Top 10 Patents of 2021: Improved Eye Contact in Video Calls, Targeted Ads Based on Conversation Samples, and Analyzing Toxicity in Social Media Content

With the close of another year upon us, IPWatchdog is returning to an annual feature with its Top 10 list of issued U.S. patents during 2021. While it’s impossible to produce a definitive list of the ten most important patents in terms of future commercialization, the following list reflects a series of innovations that either represent important advances in burgeoning areas of technology, or practical innovations that address many of the recurring problems that our world has been facing during the course of the COVID-19 pandemic. From reducing the awkward nature of Zoom calls, during which it’s impossible to maintain genuine eye contact, to vehicle technologies using Bayesian inference models to predict the lane change behavior of nearby drivers, these patents offer an expansive view of the exciting state of invention during this early stage of the 2020s.

The IP Developments that Mattered: Insiders Shed Light on the Headlines of 2021

The new year is just a few days away, and it is once again time to ponder the biggest moments and events in the world of intellectual property from the previous 12 months. As we do every year, we asked a panel of industry experts for their insights for our Biggest Moments in IP series, which is the longest running series on IPWatchdog.com. This year, while the role of IP and innovation in the COVID-19 pandemic continued to make the cut, other top picks included the Google v. Oracle Supreme Court copyright decision, the Biden Administration’s support for a waiver of IP rights under the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-related technologies, and the administration’s draft language on a new policy statement relating to standard essential patents (SEPs). Here are what this year’s panel of experts identified as the biggest moments in IP for 2021.

Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021

Noteworthy 2021 developments at the Patent Trial and Appeal Board (PTAB) were primarily driven by oversight—via the United States Patent and Trademark Office (USPTO) Director, Supreme Court and Federal Circuit—rather than by new rules or policy of the agency. After the highly anticipated Arthrex decision fizzled at the Supreme Court, the most significant 2021 development may be former Director Iancu’s departure and legacy of decidedly pro-patent owner policies. That legacy is increasingly under attack. From the Biden administration’s nomination of a new director, to legislative proposals, to Congressional pushback on Section 314(a) discretionary denials of institution (especially as they relate to the Western District of Texas), to lawsuits challenging the practice as an Administrative Procedures Act violation, change is afoot. The coming year is sure to see recalibration of current PTAB practices.