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Section 145 of the U.S. Patent Act (35 U.S.C. §145) and §21(b) of the Lanham Act covering trademarks (15 U.S.C. §1071(b)) provide for two types of challenges from the decisions of the U.S. Patent and Trademark (USPTO) internal appeals boards — the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB). Applicants in cases where there are no adverse third parties can bring a new civil case in the U.S. District Court for the Eastern District of Virginia or the USPTO decision refusing to register a patent or trademark can be directly appealed to the U.S. Court of Appeals for the Federal Circuit. Further appeals from the district court’s decisions are to the U.S. Court of Appeals for the Fourth Circuit in trademark cases or to the Federal Circuit in patent cases. Parties in the district court action are allowed to submit new evidence not considered by the TTAB, but parties in direct appeals to the Federal Circuit are not.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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