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
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Decoding the USPTO’s Signature Rules
The USPTO’s reputation for being focused on signatures is growing almost as fast as pendency. However, with recent court decisions, much is left to the eye of the beholder–leaving practitioners and their clients uncertain regarding the state of the law.
An IP Lawyer’s Guide to Artificial Intelligence
In the past year, I have seen an increase in questions related to artificial intelligence. Specifically, patent and trademark lawyers have asked whether it is permissible for those lawyers engaged in practice before the USPTO to use Generative AI. While
Received a Request for Information and Evidence from OED – Here is How to Respond
First Contact
The envelope comes by Certified Mail, Return Receipt Requested and stamped as “Personal and Confidential.” Inside is a letter from the USPTO captioned “REQUEST FOR INFORMATION AND EVIDENCE UNDER 37 C.F.R. § 11.22(f).” The letter goes on to
Federal Circuit Issues Opinion Reversing USPTO’s Improper Invalidation of Trademark
On October 18, 2023, the Federal Circuit issued an opinion in GREAT CONCEPTS, LLC, v. CHUTTER, INC., reversing the decision of the USPTO’s Trademark Trial and Appeal Board. The Court analyzed very crucial point in the progeny of In re
USPTO Announces Requirement for Support Staff to Obtain Identity Verification
On September 5, 2023, the USPTO announced in a Federal Register Notice that all non-attorney support staff would be required, beginning on January 20, 2024, to verify their identity to access the USPTO’s Trademark Electronic Application System (“TEAS”). This follows
What IP Lawyers Should Know About Professional Liability Insurance
Do I Need Coverage?
I like to think of insurance as something you hope to never need, but the safety net in case you do. None of us (hopefully) would drive an automobile without insurance, or worse, risk not having
Artificial Intelligence for Lawyers: How To Maintain Your Technical Competency
Lately I have been inundated with news and information about Artificial Intelligence. It seems that all the legal news is talking about these days, and will not stop talking about, is how AI is going to change my life. Forever.
Ninth Circuit Holds Rule 45 Subpoena Geographic Limits Apply To Remote Testimony: Is This Doom And Gloom For Trial By Zoom?
In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than
Why Your IP Law Firm Needs A Risk Management Audit
As lawyers, we help clients solve problems, get results, but also advise them on risk. Clients rely on their lawyers for their expertise in the area—as well as their advice that is generally devoid of emotions. But who advises lawyers