01 Mar’24

Redefining Inventorship: The USPTO’s Path Forward for AI-Assisted Inventions

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On February 13, 2024 the United States Patent and Trademark Office (USPTO) released examination guidance pursuant to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The process started back in 2019 when the USPTO issued a request for public comment on patenting Artificial Intelligence (AI)-assisted inventions which was […]

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25 Jun’21

Arthrex v. Smith & Nephew: SCOTUS Preserves Inter Partes Review

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We last wrote about the Arthrex case back in November of 2019 and this blog is a continuation now that the case has finally reached a decision by the Supreme Court. In our previous blog, we described how the United States Court of Appeals for the Federal Circuit ruled that the appointment of the Patent […]

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28 Jul’20

USPTO v. Booking.com: Acquired Distinctiveness of a Generic Domain

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The Supreme Court (“Court”) in USPTO v. Booking.com resolved a dispute about whether a generic name can become eligible for federal trademark registration though the addition of an internet-domain-name suffix such as “.com.” The USPTO rejected applications by travel-reservation website Booking.com seeking federal registration of marks including the term “Booking.com.” The USPTO concluded that “Booking.com” […]

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26 Nov’19

Arthrex v. Smith & Nephew: Inter Partes Review and Unconstitutional Appointment of APJs

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On Halloween, the United States Court of Appeals for the Federal Circuit delivered its opinion in Arthrex, Inc., v. Smith & Nephew, Inc. that the appointment of the Patent Trial and Appeal Board’s Administrative Patent Judges (“APJs”) violates the Appointments Clause of the U.S. Constitution. The background of this case involved Arthrex receiving a final […]

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