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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New Trademark Requirements in Effect

by Adam Philipp on February 18, 2017


Implements new trademark rules;

more proof now required


Effective February 17, the US Patent and Trademark Office has amended its rules on trademark usage and intent to use.

The new rules are part of an effort to clear out "dead wood" — trademarks that are registered (and thus not available to others) but not actually in use by their owners.

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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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Patent Office Announce Post-Prosecution Pilot

by Adam Philipp on July 20, 2016


Announces pilot program:



By U.S. Air Force photo/Staff Sgt. Christopher Boitz –, Domini públic,

The US Patent and Trademark Office has announced the Post-Prosecution Pilot Program (to be known as "P3") starting July 11 and running through January 12, 2017.

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US Supreme Court

rules that patent office should

broadly interpret


The US Supreme Court recently issued its first decision on the post-grant review process created in 2011 by the America Invents Act (“AIA”).

The Court ruled against the patent owner and approved a rule under which the US Patent and Trademark Office (“USPTO”) interprets claims as broadly as possible.

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USPTO Releases Latest Updates on Patent Subject Matter Eligibility

USPTO Updates subject matter guide, Helps examiners   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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European Umbrellas Look Toward the West

  EUROPEAN COURT DENIES UMBRELLA CHALLENGE, CITES US PATENT Senz Technologies BV, a company based in the Netherlands, filed two applications for registration of a Community Design with the Office for Harmonisation in the Internal Market (Trade Marks and Designs), which deals with design rights in the European Union. The designs were for asymmetrical umbrellas […]

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Patent System Improvable, But Not Broken

David Kappos says Patent system not broken But can be improved In a blog piece in October we came to the defense of software patents. Software patents have been much maligned in the media in recent months, blamed for everything from being a tax on consumer products to a brake on innovation. Our conclusion was:

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Micro Inventors Will Save On Patents

USPTO Invites public comments on MICRO STATUS RULES The US Patent and Trademark Office (USPTO) has released proposed rules for micro entity status under the America Invents Act (AIA). 

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