Hoping to crack down on the ever-increasing problem of overbroad trademark registrations and fake specimens of use, the United States Patent and Trademark Office (“USPTO”) has announced that it will expand its existing audit program, currently conducted on a random
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Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA
By Publisher
Section 1201 of the Digital Millennium Copyright Act (“DMCA”) generally makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, and computer software. Effective October 28, 2024, the…
Prosecution Pointer 428
By Publisher
Amendments to drawings filed after allowance are entered by the USPTO’s Office of Publications. If such an amendment is forwarded to the examiner, the examiner should forward or return the application to the Office of Publications. The examiner should not…
Prosecution Pointer 427
By Publisher
The USPTO’s e-Petitions cannot be granted for petitions to revive an abandoned application if:Read more
No More AFCP 2.0!
In a Notice by the U.S. Patent and Trademark office dated October 1, 2024, the USPTO announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will end on December 14, 2024.Read more
Prosecution Pointer 426
By Publisher
An International Application is not a prior application as to the National Stage (they are legally the same application), therefore amended 37 CFR 1.78(a)(2) (Claiming benefit of earlier filing date and cross-references to other applications) does not apply.Read more
Internet Archive’s Digital Lending Library Not Protected by Fair Use, Second Circuit Finds
By Publisher
The Court of Appeals for the Second Circuit found that Internet Archive’s (“IA”) free digital book lending program is not fair use under the Copyright Act. The Court’s three-judge panel unanimously affirmed last year’s district court ruling (discussed in our…
USPTO’s First-Time Filer Expedited Examination Pilot Program
The USPTO’s First-Time Filer Expedited Examination Pilot Program is part of a strategy to encourage more equity and diversity in innovation. The target is inventors new to the patent application process, including those historically geographically and economically excluded.Read more
DMCA Survives Another First Amendment Challenge
By Publisher
The United States Court of Appeals for the District of Columbia Circuit recently issued its decision in Matthew Green v. DOJ, rejecting a First Amendment challenge to section 1201 of the Digital Millenium Copyright Act (“DMCA”). Section 1201 prohibits the…