The NIH and Moderna Are Fighting Over Who Owns Their Vaccine; Intelligencer, November 10, 2021

Matt Stieb, Intelligencer; The NIH and Moderna Are Fighting Over Who Owns Their Vaccine

"While last year the government was calling the shot the “NIH-Moderna COVID-19 vaccine,” the biotech giant filed a patent made public this week in which it found that “only Moderna’s scientists” designed the vaccine. The patent, filed in July, is specific to the genetic sequence creating spike proteins, which allow vaccine recipients to build antibodies to block the virus when the body is actually exposed. As the New York Times reports, the NIH was surprised by the attempt at a solo effort. If the two parties cannot figure out a way to split the credit, the government will have to determine if it will take the expensive step of going to court. Already, the U.S. has paid $10 billion in taxpayer funds for Moderna to help create the vaccine, test its efficacy, and provide shots for the federal government."

This Guy is Suing the Patent Office for Deciding an AI Can't Invent Things; Vice, August 24, 2020

Todd Feathers, Vice; This Guy is Suing the Patent Office for Deciding an AI Can't Invent Things

The USPTO rejected two patents applications written by a "creativity engine" named DABUS. Now a lawsuit raises fundamental questions about what it means to be creative

"A computer scientist who created an artificial intelligence system capable of generating original inventions is suing the US Patent and Trademark Office (USPTO) over its decision earlier this year to reject two patent applications which list the algorithmic system, known as DABUS, as the inventor.

The lawsuit is the latest step in an effort by Stephen Thaler and an international group of lawyers and academics to win inventorship rights for non-human AI systems, a prospect that raises fundamental questions about what it means to be creative and also carries potentially paradigm-shifting implications for certain industries."

Why Patents Don't Stop People From Stealing Your Invention; Forbes, June 4, 2020

Stephen Key, Forbes; Why Patents Don't Stop People From Stealing Your Invention

"Here are effective and practical ways of protecting your ownership of your creativity."

He stockpiled Washington NFL trademarks for years. Now he faces backlash online.; The Washington Post, July 15, 2020

Rick Maese, The Washington Post; He stockpiled Washington NFL trademarks for years. Now he faces backlash online.

 

"Trademark attorneys have said any registered or pending trademarked team names would be ripe for challenge. Trademark holders must be able to show that they have been using the name in a legitimate commercial manner. While McCaulay has sold merchandise featuring some of his team names online, he acknowledged in a tweet that his trademarks would be “worthless to me because selling 10 shirts in 6 years is a weak defense.”

 

“This is an expensive hobby for him,” Heitner said. “He’s not intending to be a troll. He’s not intending to cause harm to the organization. And to the extent the organization wants to utilize any of the names he’s applied for, he wants to open the door to those communications.”"

Trump's Space Force Already Lost Its First Battle; The Hollywood Reporter, June 5, 2020

Eriq Gardner, The Hollywood Reporter; Trump's Space Force Already Lost Its First Battle


"Although the United States operates on what's called a "first-to-use" trademark registration system, where priority is based on actual use in commerce rather than who gets to the U.S. Patent and Trademark Office first, many other countries operate on a "first-to-file" basis. Records show that Netflix was submitting applications for "Space Force" around the world as early as January 2019. In other words, the Department of Defense was caught sleeping."

Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson; United States Patent and Trademark Office (USPTO), May 5, 2020

United States Patent and Trademark Office (USPTO); Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson

"The United States Patent and Trademark Office (USPTO) mourns the loss of The Honorable Q. Todd Dickinson, former Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Todd was immensely knowledgeable and influential in the intellectual property community. He was a warm person and a great friend to many.

Todd’s career spanned the IP landscape, having worked in law firms, corporations, trade groups, and government. After serving as Chief IP Counsel at Sun, Todd was appointed by President Clinton in 1998 to be Deputy Commissioner of Patents and Trademarks at the USPTO. With the passage of the American Inventors Protection Act (AIPA) in 1999, Todd became the first person to hold the modern-era title of Under Secretary of Commerce and Director of the USPTO. 

Todd was at the forefront of modernizing the USPTO to make it more user friendly. Under his leadership, the agency started accepting electronic filings and launched the now popular Patent Application Information Retrieval system (PAIR), which makes most patent filings available to the public electronically. He also was central in efforts to harmonize aspects of US and international patent law. 

As Director, he was beloved by USPTO staff and lauded by outside stakeholders. One examiner said that Todd made him proud to serve as an examiner at the USPTO, and another remembered his mantra that the USPTO is the “patent office, not the rejection office.”"

Senators Ask U.S. Copyright, Patent Offices to Study Infringement by States; The Hollywood Reporter, April 29, 2020

Eriq Gardner, The Hollywood Reporter; Senators Ask U.S. Copyright, Patent Offices to Study Infringement by States

"In a pair of letters on Tuesday, Sens. Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont) asked the U.S. Copyright Office and the U.S. Patent and Trademark Office to begin a study on the extent to which intellectual property owners are suffering infringement at the hands of state government. The request by the two members of the Senate Judiciary Committee comes after a notable Supreme Court opinion in March. The study would prime new legislation on the IP front...

The senators say they want findings no later than April 30, 2021."

Brands, T-shirt makers line up to trademark coronavirus pandemic; USA Today, April 7, 2020

Nick Penzenstadler, USA Today; Brands, T-shirt makers line up to trademark coronavirus pandemic

"[Josh] Gerben [a Washington intellectual property attorney who’s been tracking daily filings] pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.

Gerben pointed out that trademark office examiners are perhaps the best equipped federal employees to keep working through the pandemic since most already telework. Trademarking is a lengthy process, he said, typically taking four months for an initial examination of an application and about eight months before a trademark is finalized.

Examiners use simple tools such as Google to determine whether a phrase is unique. To receive the protections of exclusive national rights, a mark must be both distinct and already in commercial use by the filer. That means the dozen individuals applying for “I survived COVID-19” could be denied exclusive rights, especially if startups on Etsy or other do-it-yourself websites are selling items. 

Trademark holders will have to consider the business ethics of profiting from a pandemic that’s killed thousands."

US Copyright Office, USPTO Act to Assist Those Affected by COVID-19; The National Law Review, April 8, 2020

Eleanor B. Atkins, Jiaxiao Zhang, The National Law Review; US Copyright Office, USPTO Act to Assist Those Affected by COVID-19

"Pursuant to the temporary authority granted by the CARES Act, the US Copyright Office and the USPTO have announced that they are taking steps to assist those impacted by the coronavirus (COVID-19) pandemic by extending certain deadlines, provided that the filing or fee payment is accompanied by a statement attesting that the delay was due to the COVID-19 crisis."

Social distancing beer, CBD oil, and crop tops? Coronavirus-related applications pouring into U.S. trademark office.; The Philadelphia Inquirer, April 6, 2020

William Bender, The Philadelphia Inquirer; Social distancing beer, CBD oil, and crop tops? Coronavirus-related applications pouring into U.S. trademark office.

"Josh Gerben, a Washington trademark lawyer and founder of Gerben Law Firm, said he’d counted more than 120 coronavirus-related applications as of last week. More are coming in. Each application costs $275.

“I wasn’t that impressed with everybody’s, to be honest,” Gerben said. “There could be some more creativity out there.”...

Gerben said trademark applications are usually rejected once a word or phrase has become ubiquitous. On the other hand, an application such as Shelter in Paradise — a resort-hotel concept riffing on shelter-in-place directives — might have a better chance."

After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark; The Seattle Times, April 5, 2020

Brendan Kiley, The Seattle Times; After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark

"“There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all,” Justice Elena Kagan wrote in the court’s opinion. “It therefore violates the First Amendment.” She also noted a lack of consistency in how the USPTO interpreted the Lanham Act, approving some trademarks and rejecting others that used the same potentially offensive language.

Kerr, Thunderpussy’s attorney, had argued the same point in his appeal to the USPTO.

“I mentioned over 40 trademark applications that had been accepted that included the word ‘pussy,’ ” he said. “Human discretion enters into the process, which is one person forming an opinion based on an internet search — but the implications for the band are enormous.”

The wheels of bureaucracy turned and, on April 4, Kerr finally received a letter from the USPTO granting Thunderpussy registered trademark number 6,021,338."

Harry and Meghan's Archewell trademark suggests plan for non-profit empire Application filed in US ranges from awards to clothing to a health website; The Guardian, April 7, 2020

Caroline Davies, The Guardian; Harry and Meghan's Archewell trademark suggests plan for non-profit empire

Application filed in US ranges from awards to clothing to a health website

"The Duke and Duchess of Sussex appear to be planning a wide-ranging non-profit empire, including websites, films and their own awards, according to trademark applications lodged in the US under the name of Archewell.

The first clear indications of how Harry and Meghan intend to rebrand themselves as non-working royals are revealed in an extensive list published on the United States Patent and Trademark Office website.

Archewell, derived from the Greek word arche, meaning “sources of action”, was the inspiration for the name of their son, Archie Mountbatten-Windsor, the couple have revealed. It replaces the Sussex Royal brand they had originally trademarked in the UK, but were banned from using by Buckingham Palace.

The application, lodged on 3 March in Beverly Hills, covers items from educational materials, clothing, stationery and a nutrition and general health website, possibly modelled on Meghan’s successful The Tig lifestyle site, which she shut down following her engagement to Harry."

Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO; The National Law Review, March 24, 2020

Abe Jentry Shanehsaz, Faegre Drinker Biddle & Reath LLP, The National Law Review; Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO

"As we continue to watch the effects of COVID-19 on our communities, it is impossible not to be struck by the scale of school closures and shuttered businesses, as well as the swift transitions made to accommodate mass teleworking nearly overnight. We have seen various government agencies offering late fee forgiveness, deadline extensions, and a plethora of other accommodations in light of the unique challenges presented by the novel virus.

When considering how COVID-19 might impact trademarks here in the United States, there are two important things to keep in mind:..."

Huge Job Fair at United States Patent & Trademark Office; Zebra, February 28-29, 2020

Mary Wadland, Zebra; Huge Job Fair at United States Patent & Trademark Office, February 28-29, 2020

USPTO is hiring hundreds of new examiners in 2020

"Are you ready to protect what’s next in American ingenuity? The United States Patent & Trademark Office (USPTO) is holding a job fair and hiring 100s of engineers to examine America’s patents in 2020!

Hundreds of Open Positions

The Patent Examiner Recruitment Open House event in Alexandria, VA (DC Metro Area) is designed to attract soon-to-be graduates and professionals with backgrounds in biomedical, computer, electrical, and mechanical engineering by offering actionable information about job opportunities, salary, benefits, and how to apply to hundreds of open positions currently available in Alexandria, Virginia; San Jose, California; and Detroit. Even more positions will be opening up in the agency’s Rocky Mountain regional office in Denver later in the year...

Recruiters Will Be On Site

In addition to learning about the work of patent examination and hearing directly from those who love what they do, attendees will get a chance to speak one-on-one with recruiters who will review resumes and discuss qualifications.
The Alexandria job fair will take place at the Madison Building at the USPTO headquarters in Alexandria. Day one will take place in the Global IP Academy (GIPA) and day two in the Clara Barton Auditorium. The dates are on Friday, February 28th, and Saturday, February 29th.

Walk-ins are welcome. Register now!"

David Gooder appointed USPTO Commissioner for Trademarks; United States Patent and Trademark Office (USPTO), February 5, 2020

Press Release, United States Patent and Trademark Office (USPTO); David Gooder appointed USPTO Commissioner for Trademarks

"The United States Patent and Trademark Office (USPTO) announced today that U.S. Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new Commissioner for Trademarks. As Commissioner, Gooder will be responsible for oversight of all aspects of the USPTO’s Trademarks organization.

Gooder has worked for more than 25 years on intellectual property (IP) and brand protection challenges facing iconic global brands. Gooder will begin his new role on March 2, 2020."

Users Lament PAIR Changes During USPTO Forum; IP Watchdog, January 30, 2020

Eileen McDermott, IP Watchdog; Users Lament PAIR Changes During USPTO Forum

"Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions of the USPTO’s Patent Application Information Retrieval (PAIR) System have serious issues that are making workflows untenable for users.

Holcombe was participating in a public Forum on the PAIR system, where USPTO staff listened to stakeholders’ experiences since the Office implemented major security changes to the system on November 15, 2019. “The USPTO disabled the ability to look up public cases outside of a customer number using Private PAIR,” explained Shawn Lillemo, Software Product Manager at Harrity LLP, who attended the Forum. “Most patent professionals prior to the change could retrieve all the PAIR information they needed from Private PAIR. That is no longer true.”"

Pitt researcher’s work featured by U.S. Patent & Trademark Office; Trib Live, November 12, 2019

Patrick Varine, Trib Live; Pitt researcher’s work featured by U.S. Patent & Trademark Office

"Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation...

Cooper was recognized in the patent office’s SUCCESS report, an update on progress achieved through the 2018 Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act. The act aims to promote patent applications by women, minorities, veterans, the disabled and other underrepresented classes.

“Without diversity of thought, potentially life changing work for wheel chair users and others with disabilities might not be possible,” Cooper said. “We have a world-class team at our labs that is committed to helping people with disabilities and older adults live full lives and contribute to society as much as they can and they like.”"

Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018; U.S. Patent and Trademark Office, October 2019

U.S. Patent and Trademark Office, October 2019; Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018.

"America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it is critically important that all Americans have the opportunity to innovate, seek patent protection for their inventions, start new companies, succeed in established companies, and achieve the American dream. 

The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directed the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), in consultation with the administrator of the Small Business Administration, to prepare a report that: 

• Identifies publicly available data on the number of patents annually applied for and obtained by women, minorities, and veterans 
• Identifies publicly available data on the benefits of increasing the number of patents applied for and obtained by women, minorities, and veterans and the small businesses owned by them
• Provides legislative recommendations for how to promote the participation of women, minorities, and veterans in entrepreneurship activities and increase the number of women, minorities, and veterans who apply for and obtain patents. 

Final report to Congress

The USPTO's SUCCESS Act report was transmitted to Congress on October 31, 2019. Among its major findings:

• A review of literature and data sources found that there is a limited amount of publicly available information regarding the participation rates of women, minorities, and veterans in the patent system.
• The bulk of the existing literature focuses on women, with a very small number of studies focused on minorities, and only some qualitative historical information on U.S. veteran inventor-patentees.
• One of the most comprehensive studies focused on women inventor-patentees is "Progress and Potential: a profile of women inventors on U.S. patents," a report published by the USPTO in February 2019. It found that women comprised 12% of all inventors named on U.S. patents granted in 2016, up from 5% in the mid-1980s.
• Overall, there is a need for additional information to determine the participation rates of women, minorities, and veterans in the patent system.
• The report concludes with a list of six new USPTO initiatives and five legislative recommendations for increasing the participation of women, minorities, and veterans as inventor-patentees and entrepreneurs."

Kobe Bryant filed 'Mambacita' trademark for his daughter Gianna in December; CBS Sports, January 28, 2020

Chris Bengel , CBS Sports; Kobe Bryant filed 'Mambacita' trademark for his daughter Gianna in December

"Kobe Bryant was proud to be a father and was even planning the future of his 13-year old daughter, Gianna, before their deaths. According to People Magazine, Bryant filed to trademark the nickname "Mambacita" for his daughter, and planned to use the nickname on athletic clothing.

The trademark was reportedly filed on Dec. 30, 2019 by Kobe Inc., which was a company that Bryant founded back in 2014. According to the United States Patent and Trademark Office, Bryant's trademark is still pending.

Of course, "Mambacita" is derived from Bryant's nickname "Black Mamba," which was used as the Lakers legened's alter ego throughout the second half of his NBA career."

AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy; Lexology, January 15, 2020

Covington & Burling LLP - Gregory Discher, Lexology; AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy

"The World Intellectual Property Organization (“WIPO”) recently announced a public consultation process on Artificial Intelligence and Intellectual Property Policy. As part of the consultation process, WIPO concurrently published and has requested feedback on a wide-ranging draft IP Policy and AI Issues Paper that is intended to help define the most pressing AI-related questions likely to face IP policy makers in the areas of patents, copyright, and data.

The Issues Paper follows other recent WIPO activity pertaining to AI-related IP issues. In January 2019 WIPO issued a publication that surveyed the landscape of AI innovation since the field first developed in the 1950s, and in September 2019 WIPO held a Conversation on IP and AI.

Recognizing the significance and potential implications of the intersection of AI and intellectual property, two of the leading patent offices have now requested public comment. As discussed in a previous blog, the U.S. Patent and Trademark Office issued a “Request for Comments on Patenting Artificial Intelligence Inventions” on August 27, 2019. The USPTO subsequently issued a “Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation” on October 30, 2019, in which it seeks comments on the copyright, trademark, and other intellectual property rights issues that may be impacted by AI."