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For America s Inventors, It s been a Decade of Stolen Dreams
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Mi Casa Resource Center s ProBoPat Program and Rocky Mountain USPTO Recognize Patent Practitioners for Patent Law Volunteerism
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For many of us visions of the future have often included images of robots who can think on their own and perform tasks. In some visions, those robots were in a Jetson’s style universe with floating objects and robots who make our lives easier. For others, they envisioned a dystopianTerminator style landscape where robots are trying to kill us.
While these scenarios make for great TV’s and movies – the reality is much more nuanced, but still very exciting. We are seeing firsthand that robotic and artificial intelligence (AI) technologies are becoming a regular part of our lives and our economy and we are all better off for it -that is if the politicians and cronies can get out of the way.
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The Patent Trial and Appeal Board s discretionary denial in view of parallel litigation is at a crossroads, explain Brenton Babcock and Tyler Train of Womble Bond Dickinson
In 2012, Congress enacted the American Invents Act (AIA) for the stated goal of establishing a more efficient and streamlined patent system that would improve patent quality and limit unnecessary and counterproductive patent litigation costs.
Part of Congress’ efforts in achieving that goal was the creation of adversarial, litigation-like, administrative procedures at the US Patent and Trademark Office (USPTO) for challenging patents, such as
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Tucked away in the recesses of the Consolidated Appropriations Act of 2021, also known as the COVID-19 relief and spending bill, is the Trademark Modernization Act (TMA). At face value the TMA borrows some of the central themes of the American Invents Act sifting out, fixing, and decluttering intellectual property.
Notably, the TMA allows third-parties, either through petitions or submissions, to assist the USPTO in efforts of authenticating use in commerce. This administrative crowd sourcing, if you will, is not unique, but has the plausible effect of reducing nonuse marks and lowering costs on applicants seeking to cancel or expunge registrations not in use for identified goods and services. In similar fashion to real property and maximum productivity, the USPTO is attempting to make use of the available
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