Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.” After a number […]
Did Those Young Rascals Use AI Before the USPTO? Read More »
From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work with
Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar. The OED evaluates applicants’
Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation Read More »
On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity. As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody
The USPTO’s New Design Patent Bar: A Closer Look at the Numbers Read More »
The USPTO has once again disclosed confidential information of applicants—this time for patent applicants. Previously, the USPTO has disclosed confidential information of trademark applicants, including a breach of home addresses. However, many practitioners have wondered—what are their obligations with respect to the USPTO’s actions. Duty to Communicate with Clients When the USPTO breaches its duty
The USPTO’s Breach of Trust: Practitioner Response and Reporting Requirements Read More »
The USPTO’s Office of Enrollment and Discipline (OED) handles investigations and disciplinary proceedings against attorneys and other practitioners who engage in misconduct before the USPTO. Navigating these complex proceedings without legal representation can be a daunting and perilous task. We have covered previously various best practices regarding what to do if you find yourself with
Pro Se Representation Before the USPTO OED: A Risky Gamble Read More »
37 CFR 11.801 is a regulation that imposes a duty on practitioners to cooperate with the Office of Enrollment and Discipline (OED). The regulation is divided into two key provisions that apply to applicants for registration, and those under disciplinary/reinstatement investigation: False Statements: The regulation first proscribes making false statements of material fact. This is
Understanding 37 CFR 11.801: A Lesson in Not Fully Cooperating with OED Read More »
The world of intellectual property law is buzzing with questions and commentary regarding the practicality and ethics of using artificial intelligence to aid the practice of law before the USPTO. As I addressed in a prior blog post, some of the concerns are much ado about nothing. However, one question previously left unanswered was the
AI and Patent Law: Can Machines Uphold the Duty of Disclosure under 37 CFR 1.56? Read More »
