IP News Alerts
New USPTO Fees Based on Number of Items Filed with an Information Disclosure Statement (IDS)
January 29, 2025
Effective January 19, 2025, the United States Patent and Trademark Office has imposed an information disclosure statement (IDS) size fee based on the cumulative number of items cited...
USPTO to Terminate the After Final Consideration Pilot Program 2.0
October 3, 2024
By: Alice O. Carroll and Christine M. Wise
The United States Patent and Trademark Office (USPTO) will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. Due to fiscal reasons and...
Hamilton Brook Smith Reynolds Trademark Win at the TTAB Iron Balls International Ltd. v. Bull Creek Brewing, LLC
By: John L. DuPré and Daniel A. Fleisher
Hamilton Brook Smith Reynolds secured a significant trademark win for client Bull Creek Brewing
New Test for Obviousness of Design Patents Presents Uncertainties and Opportunities
June 10, 2024
By: Darrell L. Wong and Keith J. Wood
Design rights are becoming increasingly valuable for companies in today’s world, covering everything from the shapes of our mobile phones to the designs of consumer products...
Updated Guidelines for AI Inventions
May 20, 2024
By: Michael R. McGurk and Rae Zhang,, Ph.D.
On March 1, 2024, updated Guidelines for examining AI inventions at the European Patent Office (EPO) came into effect. These updated guidelines can be found in the official “...
USPTO Guidance on AI-assisted Inventing: A Natural Person Is An Inventor If They Provided A Significant Contribution
February 22, 2024
By: Christine M. Wise and Philip T. Mazoki
The United States Patent and Trademark Office (USPTO) recently published guidance on whether a natural person may be an inventor of an AI-assisted invention. This guidance from...
United States Patent and Trademark Office Releases New Guidelines for Assessing Enablement in View of Amgen v. Sanofi
February 12, 2024
By: Deirdre E. Sanders and Kelly Brewer, , Ph.D.
Best practices continue to include providing enabling disclosure reasonable for claim scope, including disclosure of structural characteristics common to all claimed embodiments of...
In re Cellect: Is Your Patent Portfolio Vulnerable to Double Patenting Challenges?
November 13, 2023
By: Christine M. Wise and Alice O. Carroll
For the first time, the Federal Circuit in the case of In re: Cellect, LLC (Case No. 22-1293, decided August 28, 2023) addressed how Patent Term Adjustment (PTA) interacts with obviousness...
United States Patent and Trademark Office: Expansion and Extension of the Climate Change Mitigation Pilot Program
June 13, 2023
By: Christine M. Wise and Alice O. Carroll
As of June 6, 2023, the United States Patent and Trademark Office (USPTO) expanded the scope of the Climate Change Mitigation Pilot Program, initially implemented on June 3, 2022,...
Supreme Court Clarifies Enablement Standard, Finds Amgen’s Antibody Genus Claims Invalid
May 22, 2023
By: Deirdre E. Sanders and Bin Wang,, Ph.D.
The Supreme Court of the United States has issued its ruling in Amgen v. Sanofi, affirming the Federal Circuit’s conclusion that Amgen failed “to enable any person skilled...
Long-Anticipated Supreme Court Ruling in Warhol Copyright Case Underwhelms
May 19, 2023
Andy Warhol, even posthumously, has a talent for attracting attention. That was true for the copyright litigation by the Andy Warhol Foundation (“AWF”) against the photographer...
Artificial Intelligence: The USPTO Seeks Comments on Inventorship
May 3, 2023
By: Christine M. Wise
In June 2022, the United States Patent and Trademark Office (USPTO) formed the Artificial Intelligence/Emerging Technologies (AI/ET) partnership, which seeks to bring together stakeholders...