Part 1 On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial Intelligence” (2024 AI SME Update). The 2024 AI SME Update is a lifeline for patent prosecutors prosecuting AI patent applications because it …
Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)
“Scandal is gossip made tedious by morality.”- O Wilde In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields surrounding their Ontario farm property. They did not, however, anticipate the wildfire of legal obstacles that combusted when they filed …
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Amazon’s Patent Enforcement Program Establishes Personal Jurisdiction
The Amazon Patent Evaluation Express (APEX) program offers patent owners a cost-effective way to address claims that third-party product listings are infringing on their utility patents. Under the APEX program, a third-party arbitrator assesses whether a product available on Amazon.com infringes a utility patent, leading to the removal of the listing if the article determines …
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Terminal Disclaimer Rule Proposed to Balance Innovation and Competition
The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the exclusive right to exclude others from making, using, selling, or importing the claimed invention typically for 20 years; however, the risk of patent infringement …
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Artificial Incompetence: How Generative AI Creates Latent Intellectual Property Issues
Previously Published in The Journal of Robotics, Artificial Intelligence & Law, Volume 7, No. 3 | May-June 2024 In this article, the authors examine the extensive legal risks that companies take when using generative artificial intelligence (GenAI), particularly within operations that create intellectual property or other intangible value represented within a business. While any groundbreaking …
Accelerating Innovation for New Inventors: Inside the First-Time Filer Expedited Patent Pilot Program
Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To address this concern, in 2023, the USPTO introduced the First-Time Filer Expedited Examination Pilot Program, which was designed …
Getting Off on the Wrong Foot: How Marketing Strategies Can Backfire
The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a …
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Recap of TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove
In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated sale of TikTok. With over 900 US patents covering pivotal technologies, the divestment process entails navigating legal intricacies and financial considerations, particularly given …
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Are You Getting Bang for Your Buck with Canadian Trademarks?
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …
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Free Mickey? (Don’t Be Goofy)
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey Mouse – was let loose from the magic kingdom. Freed from the shackles of copyright, Walt Disney’s iconic …