By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

The United States Patent and Trademark Office (“USPTO”) had a Roundtable on Intellectual Property and Trade Shows.  The roundtable discussion was held on October 18, 2017 at the USPTO headquarters in Alexandria, Virginia and addressed IP infringements at trade shows.  Link

The United States Patent and Trademark Office (“USPTO”) issued the October 2017 Trademark Manual of Examining Procedure (“TMEP”).  The revision clarifies USPTO trademark policies and practices and includes relevant Trademark Trial and Appeal Board (“TTAB”) and court decisions before September 1, 2017.  Link.  View October 2017 TMEP Highlights.  For a complete list of changes, see the “Change Summary“.

The United States Copyright Office is proposing to create a new group registration option for a limited number of unpublished works.To qualify for this group option, all the works must be created by the same author or the same joint authors, and the author or joint authors must be named as the copyright claimant for each work. Link

The United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking in the Federal Register on October 18, 2017.  The USPTO proposes to amend the Rules of Practice in
Trademark Cases to remove the rules governing trademark interferences. This proposed rule implements the USPTO’s
work to identify and propose regulations for removal, modification,
and streamlining because they are outdated, unnecessary, ineffective,
costly, or unduly burdensome on the agency or the private sector.  Link.

The United States Patent and Trademark Office (“USPTO”) provided a practice tip that addresses when an examining attorney may presume that an applicant owns a conflicting prior registration or application, despite differences in the terminology used to identify the owner’s entity type in the respective records.  Link.

The United States Copyright Office proposed amendments to regulations governing the group registration of newspapers.  Link.

The United States Patent and Trademark Office (“USPTO”) finalized revised patent fee schedule.  Link.

The United States Patent and Trademark Office (“USPTO”) provided a notice that the Madrid Protocol has new voluntary mark description in international applications and subsequent designation forms.  Link.

The United States Patent and Trademark Office (“USPTO”) launches a two-year Diversion Pilot Program for patent and trademark practitioners that aligns USPTO with the practices of more than 30 state attorney discipline systems to help protect the public from practitioners who fail to comply with the USPTO’s standards for ethics and professionalism.  Link.

The United States Patent and Trademark Office (“USPTO”)provides notice of participatign in the signing of bilateral Memoranda of Cooperation with the Korean Intellectual Property Office (“KIPO”) and the Japan Patent Office (“JPO”) that is designed to provide the Examiner’s with the best prior art by combining the search expertise of examiners at the USPTO and JPO or KIPO before issuing an office action in the patent application.  Link.

The United States Copyright Office has initiated the seventh triennial rulemaking proceeding under the Digital Millenium Act (“DMCA”), which provides that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may adopt temporary exemptions to the DMCA’s prohibition against circumvention of technological measures that control access to copyrighted works.  Link.

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