USPTO News
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On August 31, 2023, the Patent Trial and Appeal Board published its updated Oral Hearing Guide. Changes reflected in the update include the addition of an all-virtual hearing option for AIA trials, updated information on how the public may request to view a PTAB hearing, clarification of procedures for submitting demonstratives for ex parte appeals hearings, and clarification on how parties may request pro hac vice admission.
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On August 10, 2023, the USPTO announced that official “Welcome Letters” will be sent to patent applicants and trademark applicants with filing receipts in newly filed applications. The letters are meant to help applicants more quickly and easily navigate the patent and trademark application process and to connect them with relevant resources.
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On August 17, 2023, the USPTO announced the renaming of its Edison Visiting Scholars Program after Dr. Marian Rogers Croak. Dr. Croak was chosen based on results from an internal USPTO poll that solicited ideas from employees on innovators who have embodied the spirit of innovation and the diversity, equity, inclusion, and accessibility principles at the center of the USPTO’s strategic plan.
Notices, Guidance, and Requests
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Changes to Duration of Attorney Recognition; Notice of Public Listening Session and Request for Comments, 88 FR 54302 (Aug. 10, 2023) (Announcing public listening session to provide public comments on changes to trademark rule regarding the duration of attorney recognition. The public listening session will take place on Sept. 26, 2023 from 2-3:30pm E.T., and anyone wishing to present oral testimony must submit a written request by Sept. 15, 2023.)
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USPTO AI/ET Partnership: Public Meeting on Artificial Intelligence Tools and Data, 88 FR 57104 (Aug. 22, 2023) (Announcing public meeting to discuss AI-enabled tools and other emerging technologies at the USPTO. The public meeting will take place on Sept. 27, 2023 at 10:30am E.T. at the USPTO headquarters and virtually).
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Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Trial and Appeal Board (TTAB) Actions, 88 FR 59510 (Aug. 29, 2023) (Requesting comments by September 11, 2023 regarding the information collection on office actions issued to trademark application ahead of submission to OMB)
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Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Trial and Appeal Board (PTAB) Appeals, 88 FR 42699 (July 3, 2023) (Extending to Sept. 28, 2023 the deadly to provide comments regarding the information collection on TTAB actions ahead of submission to OMB)
Final Rules
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There are no new final rules.
Interim Rules
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There are no new interim rules.
Proposed Rules
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There are no new proposed rules.
Proposed Legislation
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There is new and relevant proposed legislation.
PTAB Decisions
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New Precedential PTAB Decisions
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There are no new precedential PTAB decisions.
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New Informative PTAB Decisions
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There are no new informative PTAB decisions.
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Director Review Decisions
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Vector Flow, Inc. v. HID Global Corp., (IPR2023-00353), (Director vacating the decision denying institution, and remanding for further proceedings to allow petitioner to file a reply and patent owner to file a sur-reply addressing the status change of the parallel district court proceeding)
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Keysight Technologies, Inc. v. Centripetal Networks, Inc., (IPR2022-01421), (Director vacating the decision discretionarily denying institution and remanding for further proceedings because the petitioner’s arguments and cited evidence establish that the Office erred in a manner material to patentability)
New Requests for POP Review
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There are no noteworthy POP Review Requests from August 2023.
