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Under United States v. Arthrex, Inc., the USPTO Director also has authority to review decisions of the Board and even issue decisions in its name. An alternative path is a civil action against the Director of the United States Patent and Trademark Office in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. § 145.
The Administrative Trademark Judges of the Trademark Trial and Appeal Board (TTAB) are appointed by the United States Secretary of Commerce in consultation with the Under Secretary of Commerce for Intellectual Property. Each appeal and adversarial proceeding is heard and decided by at least three judges of the TTAB.
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
A patent agent can only act in a representative capacity in patent matters presented to the USPTO, and may not represent a patent holder or applicant in a court of law. To be eligible for taking the patent bar exam, a candidate must possess a degree in "engineering or physical science or the equivalent of such a degree". [ 93 ]
The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability. Under the America Invents Act, the BPAI was replaced with the Patent Trial and Appeal Board (PTAB), effective September 16, 2012.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by litigants before the Trademark Trial and Appeal Board. It provides basic information generally useful for litigating these cases, including current practice and procedure as of the date the ...
Lastly, the court may consider patent history in its claim construction. Patent history provides information regarding all proceedings prior to patent approval, including applicant representations to the Patent and Trademark Office. [7] Patent history may provide the court with a more in-depth understanding as to the intended scope of the claim ...
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