Coming to Canadian Patents on October 3, 2022: Excess Claims and Continued Examination Fees

The Canadian government has now announced that October 3, 2022, is the date on which significant changes to the Canadian Patent Rules, which we had previously reported, will come into force. The changes will streamline examination procedures by instituting excess claims fees, by instituting a procedure for requesting continued examination, and by introducing conditional notices …

The Who, What, Why, and How of NFTs, the Metaverse, and IP

Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain technology and opportunities in the metaverse as well as enforcement strategies for protecting digital assets. …

Freedom to Operate Opinions: What Are They, and Why Are They Important?

What is a freedom to operate opinion, and why is it important? A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Although there is …

Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the United States Patent and Trademark Office (“USPTO”). Several of these changes took effect in December …

Proposed Changes to the Canadian Patent Rules

The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules.  These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. As of this writing, the date the proposed changes are to come into force has not officially been announced.  However, we expect this …

Canadian Trademarks

Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Correspondence from the CIPO, such as office …

Brand Protection and Fighting Fakes Online

The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to …

United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent Judges (“APJs”) and issue, modify, or otherwise change those decisions on behalf of the Patent Trial and Appeal Board (“PTAB”). …

What You Need To Know: Intellectual Property and Non-Fungible Tokens

Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin cryptocurrency. The most innovative part of blockchain is that it is decentralized: not controlled by any one person or company. It is transparent in the …

New Stimulus Bill Creates Small Claims Copyright Court

On December 27, 2020, President Trump signed the highly anticipated COVID-19 stimulus relief and government-funding bill. The second stimulus package is omnibus legislation spanning over 5,500 pages, and includes several provisions that will influence the intellectual property legal landscape. In this article, we will take a brief look at the Copyright Alternative in Small-Claims Enforcement …