USPTO News

September 25, 2014

About Patents

What is a patent?

A patent is an intellectual property right granted by the U.S. Patent and Trademark Office (“USPTO”) that gives a patent owner the right “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. The “invention” is set forth by a patent’s “claims” and individual claims of a patent or patent application may be challenged.

Basic information about patents and the process of applying for a patent can be found on the USPTO’s Inventor’s Resources webpage. Also you may find this video from the Federal Judicial Center helpful in explaining patents and the patenting process.

September 22, 2014

USPTO Launches Redesigned KIDS! Web Pages

By Overhauser Law Offices, LLC

WASHINGTON – New resource offers intellectual property education resources for parents, teachers, and students of all ages.

The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) recently announced the launch of its newly redesigned KIDS! Web pages aimed to encourage students of all ages to learn about the importance of intellectual property (“IP”) creation and protection. In addition to featuring young inventor profiles, activities, and videos, the pages also offer curricula that link Science, Technology, Engineering, and Math (“STEM”) education to IP and innovation through downloadable lesson plans, hands-on instructions for building inventions, USPTO career information and other useful resources.

“The USPTO looks to our children – the doers, makers, and tinkerers of the future – to reimagine the world and, as the Constitution calls for, ‘to promote the progress of Science and the useful Arts’ like never before,” said Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO. “As schools across the country ramp up their STEM programming, we look forward to putting even more tools in teachers’ hands that will ensure our next generation is well-versed in concepts of making, inventing, and creating the high-value intellectual property that drives our economy.” USPTO’s updated KIDS! Web pages also feature coloring pages designed to introduce younger students to patents and trademarks, an audio library of trademarked sounds, upcoming event listings, and other challenging activities to help encourage and inspire future generations of inventors. For more information, please visit www.uspto.gov/kids.

August 29, 2014

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

By Overhauser Law Offices, LLC

WASHINGTON, D.C. – USPTO officials will discuss the First Inventor to File provision of the America Invents Act.

The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”)

announced this week that it will host seven roadshows across the country between September 16 and October 9, 2014. These events are designed to increase understanding of the First Inventor to File (“FITF”) provisions of the America Invents Act (“AIA”). The public meetings will serve as an opportunity for USPTO subject-matter experts and stakeholders to discuss the FITF provisions and updates since its implementation in March 2013.

August 15, 2014

Indiana Patent Owners – Beware of Maintenance Fee Scam

By Overhauser Law Offices, LLC

Alexandria, Virginia – The United States Patent and Trademark Office (“USPTO”) has repeated its warning about unsolicited communications regarding maintenance fees.

Many patent owners have received unsolicited communications that at first glance appear to be “official” but are not actually from the USPTO. These communications usually contain warnings about the expiration of patents for failure to pay the maintenance fees of the patent. The communications often sound urgent, in hopes that recipients will be intimidated into paying the fees listed, which frequently include the cost to maintain the patent as well as a “service charge” for the third party’s trouble.

While maintenance fees must be paid three, seven, and 11 years after the patent issues, a patent owner can pay the fee without the assistance of a third party. In fact, the USPTO has made it possible for a patent owner to pay the fee online easily and securely. Further, if you need assistance with determining when maintenance fees are due, you can check online or contact the USPTO at the Inventor Assistance Center at 1-800-786-9199 for assistance.

July 31, 2014

Indiana University Maurer School of Law Added to USPTO Law School Clinic Certification Pilot Program

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) yesterday announced the selection of 19 law schools, including Indiana University Maurer School of Law, that will join the USPTO’s Law School Clinic Certification Pilot Program this fall. Indiana University Maurer School of Law (pictured) and four other law schools will join both the Patent and Trademark portions of the Program, four law schools will join the Patent portion of the Program, and ten law schools will join the Trademark portion of the Program. These law schools join the 28 law schools currently participating in the Program.

The selection committees chose these schools based on their solid intellectual property curricula, pro bono services to the public, and community networking and outreach. The Program enables law students to practice patent and/or trademark law before the USPTO under the guidance of an approved faculty clinic supervisor.

“Expanding the USPTO’s Law School Clinic Certification Pilot Program will provide more students – future intellectual property lawyers – with the real-world experience and tools crucial to tackle the complexities of today’s IP law landscape,” said Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee. “The addition of law schools and students in the program will also increase pro bono representation to American businesses and entrepreneurs, thereby helping ensure they have the resources to grow, create jobs and compete globally.”

June 20, 2014

USPTO Launches Glossary Pilot to Promote Patent Claim Clarity

By Overhauser Law Offices, LLC

Washington, D.C. – The United States Patent and Trademark Office (“USPTO”) recently announced the launch of a new Glossary Pilot as part of a White House Executive Action designed to enhance claim clarity in the specification of software-related patent applications.

The pilot runs for six months from the start date of June 2, 2014.

Pilot participation requires an applicant to include a glossary section in the patent application specification to define terms used in the patent claim. Applications accepted into the pilot will receive expedited processing, be placed on an examiner’s special docket prior to the first office action and have special status up to the issuance of a first office action.

June 19, 2014

USPTO Cancels Redskins Trademark as “Disparaging” to Native Americans

By Overhauser Law Offices, LLC

Washington, D.C. – The opinion in Blackhorse v. Pro Football, Inc., TTAB Cancellation No. 92046185, resolved the petition of five Native Americans who filed for the cancellation of six “Redskins” trademarks with the U.S. Patent and Trademark Office (“USPTO”).

Yesterday, in a 177-page opinion, the Trademark Trial and Appeal Board (“TTAB” or “Board”) canceled six trademark registrations belonging to The Washington Redskins. All of the trademark registrations included the term “Redskins.”

Trademark attorneys for the petitioners argued that the term “Redskins” was disparaging of Native Americans. Under 15 U.S.C. § 1052, registration of a mark may be denied if that mark “Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”

May 21, 2014

USPTO Proposes Reducing Certain Trademark Fees

By Overhauser Law Offices, LLC

Washington, D.C. – The U.S. Commerce Department’s United States Patent and Trademark Office (“USPTO”) recently issued a Notice of Proposed Rulemaking (“NPRM”) proposing to reduce fees for many new trademark applications and most renewals of registration. USPTO also proposes a new Trademark Electronic Application System Reduced Fee (TEAS RF) filing option in addition to reducing filing fees for both applications filed using the current Trademark Electronic Application System Plus (“TEAS Plus”) option and applications for renewal of a registration filed through Trademark Electronic Application System (“TEAS”).

“The proposed fee reductions advance the USPTO’s core mission of serving the public in the most efficient and cost-effective manner possible,” said Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee. “Lower fees will lessen the burden for entrepreneurs to obtain the crucial trademark protection they need to grow their businesses, while increased electronic processing improves agency efficiency.”

Prior to issuing the NPRM, the USPTO published a notice of inquiry to provide the public with an opportunity to comment on possible adjustments to trademark application fees. Public comments overwhelmingly favored a fee reduction with many expressing a desire for a lower-cost electronic filing option without any restrictions on the nature of the identification of goods and services, as is required under TEAS Plus.

May 14, 2014

Internet Policy Task Force to Host Series of Roundtables on Copyright Internet Policy Topics

By Overhauser Law Offices, LLC

Washington, D.C. – Public meetings called for in U.S. Commerce Department’s Green Paper on “Copyright Policy, Creativity, and Innovation in the Digital Economy” will be held in Tennessee, Massachusetts and California.

The U.S. Department of Commerce’s Internet Policy Task Force will host roundtable discussions in cities around the country on several copyright Internet policy topics, as part of the work envisioned in the Green Paper. The purpose of the roundtables is to engage further with members of the public on the following issues: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the first sale doctrine in the digital environment; and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement.

The roundtables, which will be led by the U.S. Patent and Trademark Office (“USPTO”) and the National Telecommunications and Information Administration (NTIA), will be held in Nashville, Tennessee on May 21, 2014, Cambridge, Massachusetts on June 25, 2014, Los Angeles, California on July 29, 2014, and Berkeley, California on July 30, 2014.

May 8, 2014

USPTO Creates New Office of International Patent Cooperation

By Overhauser Law Offices, LLC

WASHINGTON, D.C. – The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) recently announced the creation of a new Office of International Patent Cooperation (“OIPC”). The OIPC will be led by Mark Powell who will serve as USPTO’s first Deputy Commissioner for International Patent Cooperation. Deputy Commissioner Powell will report directly to the Commissioner for Patents Margaret (Peggy) Focarino. The establishment of the OIPC reflects USPTO’s strong commitment to work with global stakeholders and intellectual property (“IP”) offices to develop means to increase quality and create new efficiencies within the complex processes of international patent rights acquisition, and its commitment toward global patent harmonization, which both protects America’s ideas and makes it easier to do business abroad.

“The establishment of the Office of International Patent Cooperation reflects the USPTO’s strong commitment to the IP community in improving the international patent system,” said Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle Lee. “It will allow us to increase certainty of IP rights while reducing costs for our stakeholders and moving towards a harmonized patent system.”

While the USPTO has been effective in carrying out its international mission through such programs as the Patent Prosecution Highway, the Global Patent Search Network, the Cooperative Patent Classification system, and the new Global Dossier Initiative, creation of the new office will enable USPTO to focus dedicated resources to better implement its international patent cooperation efforts. The main focus of the office, working in concert with the Office of Policy and International Affairs and the Office of the Chief Information Officer, is to provide optimized business process solutions to the international patent examination system for examiners and external stakeholders.