Don’t Try to Register an "Incapable Informational Mark"

by Adam Philipp on February 21, 2017

By David Shankbone – Own work, CC BY 3.0,

The US Patent and Trademark Office (USPTO) has recently updated its draft examination guide and listed types of marks that are considered “informational” and otherwise not eligible for trademark protection.

According to the USPTO,

The set of wording held as merely informational by case law is growing. Marks that include this wording must be refused because they do not identify the source of the goods or services.

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Will Peter Thiel’s Views

Affect US patent law

in the next four years?
CC0 Public Domain
Free for commercial use
No attribution required

Will intellectual property law change under the Trump administration? If so, how?

Of course, no one really knows.

Ars Technica pointed out that

Of the two major party candidates in 2016, only the Democratic candidate has a platform that even addresses copyright and patent policies. 

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USPTO Issues Latest Guidance on Software Patents

by Adam Philipp on November 7, 2016


tells patent examiners

latest on software

By Eugenio Hansen, OFS – Own work, CC0,

The US Patent Office is working hard to keep up with developments in the federal courts concerning software-related patents.

On November 2, Robert Bahr, the Deputy Commissioner for Patent Examination Policy, sent out a memo entitled "Recent Subject Matter Eligibility Decisions."

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Federal Circuit Says that PTAB Misused "Common Sense"

by Adam Philipp on September 16, 2016

What is "common sense"

when it comes to patent law?

Read on to find out…

By Scanned by uploader, originally by Thomas Paine. –, Public Domain,

The Federal Circuit, in the case of Arendi SARL v Apple Inc., recently reversed a decision by the Patent Trial and Appeal Board (PTAB). The decision was unusual in that reversals in inter partes review proceedings are rare, and also in that it turned on the issue of "common sense."

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Updates subject matter guide,

Helps examiners

By Tim Evanson from Washington, D.C., USA, United States of America - USPTO-Alexandria-2011-03-12_a, CC BY-SA 2.0, By Tim Evanson from Washington, D.C., USA, United States of America – USPTO-Alexandria-2011-03-12_a, CC BY-SA 2.0,


The United States Patent Office (USPTO) recently issued its latest update to its guidelines on patent subject matter eligibility.

These guidelines help patent examiners decide whether or not the claims of a patent applicable describe an invention that’s actually eligible for a patent.

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