By Jeff Watson
Examination guides issued subsequent to the publication of the Trademark Manual of Examining Procedure (TMEP) (April 2017), or any issued prior to publication but not incorporated into the TMEP, are listed below. Generally, examination guides issued prior to the publication of the TMEP April 2017 have been incorporated into the TMEP.July 2017 Revision of Patent Cooperation Treaty Procedures
The newest version of the Compendium from the U.S. Copyright Office was released in draft form on June 1, 2017. In preparing this update, the U.S. Copyright Office conducted a comprehensive review of all chapters. Revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works. It also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands. Revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents.June 2017 updated to Trademark Trial and Appeal Board Manual of Procedure (TBMP)
The United States Copyright Office has completed the first comprehensive public study assessing the operation of section 1201 of title 17, United States Code. Enacted in 1998 as part of the Digital Millennium Copyright Act (“DMCA”), section 1201 prohibits the circumvention of technological measures employed by or on behalf of copyright owners to protect access to their works (also known as “access controls”), as well as the trafficking in technology or services that facilitate such circumvention. It also prohibits trafficking in technologies or services that facilitate circumvention of technological measures that protect the exclusive rights granted to copyright owners under title 17 (also known as ‘‘copy controls’’). In addition, section 1201 establishes a triennial rulemaking process through which the Librarian of Congress, following a public proceeding conducted by the Register of Copyrights in consultation with the National Telecommunications and Information Administration of the Department of Commerce (“NTIA”), may grant limited exceptions to the bar on circumventing access controls.