As of October 2025, United States Patent and Trademark Office (USPTO) Director John A. Squires has reclaimed authority to decide all patent review institution proceedings. This responsibility was previously delegated to judges at the Patent Trial and Appeal Board (PTAB). The USPTO also recently issued a notice of proposed rulemaking that could significantly reshape how …
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 …
Continue reading “Getting Off on the Wrong Foot: How Marketing Strategies Can Backfire”
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 …
Continue reading “Freedom to Operate Opinions: What Are They, and Why Are They Important?”
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 …
Continue reading “Proposed Changes to the Canadian Patent Rules”
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”). …
Amazon’s New Utility Patent Neutral Evaluation Process
With businesses becoming increasingly dependent on the sale of goods at online marketplaces such as Amazon.com, especially during the pandemic, it has become increasingly important to quickly combat product listings that violate intellectual property rights. Amazon’s new Utility Patent Neutral Evaluation Process (UPNEP) provides a streamlined process for contesting product listings that infringe patent rights. …
Continue reading “Amazon’s New Utility Patent Neutral Evaluation Process”
Welcome to IP Brief!
Today, Dickinson Wright PLLC launches its latest blog, IP Brief. Our blog will provide you with up-to-date information on new issues impacting all aspects of the intellectual property law landscape. IP Brief will cover a variety of topics in the fields of patent, trademark and copyright law, as well as legislative updates, case studies, and …