The practice-area specific Bill Watch reports for Jan. 24 are now available. The reports highlight the pending bills of particular concern to different sections within the bar.

Start your new year with a resolution to SAVE MONEY! We’re bringing back Free Fridays in 2020, which means you’ll save more time AND money with these complimentary offerings.

In a unanimous ruling on December 11, 2019, the U.S. Supreme Court in Peter v. Nantkwest, Inc., Case No. 18-801, struck down a U.S. Patent and Trademark Office policy regarding recoupment of its legal fees in civil actions that challenge patent application refusals. Specifically, Section 145 of the Patent Act provides patent applicants the option to commence a civil action against the USPTO Director as a way to challenge the USPTO’s refusal of a patent application. 

A new bill introduced in the U.S. Senate would authorize U.S. Customs and Border Protection to take action against imported products that infringe U.S. design patent rights, thus extending to design patents the same protection currently enjoyed by copyrighted works and trademarks.

Historically, parties challenging patents covering pharmaceuticals and biologics often used drug product labels as prior art before PTAB. However, recent decisions demonstrate that a date printed on a drug label with no other evidence supporting that date is insufficient to demonstrate that the label was publicly available as of the printed date. 

Amazon recently launched its IP Accelerator program in an effort to connect small businesses that sell on Amazon with a select group of IP law firms that Amazon has vetted. Amazon’s intent behind this movement is primarily to assist sellers in achieving trademark protection for their brands. 

The USPTO has issued a 10-page examination guide regarding the new requirement that foreign-domiciled trademark applicants and registrants must list a U.S. licensed attorney of record.

Bad actors are making unauthorized changes to attorney information using Trademark Electronic Application System (TEAS) withdrawal and revocation of attorney forms.

The enhanced service, exclusively accessible through a WIPO Account, provides an easier, 100% online experience with benefits including greater clarity and instant tracking of international registration renewals.

The USPTO has published a new rule in the Federal Register requiring electronic filing for trademark submissions. This rule becomes effective on October 5.