We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI.  However, we had yet to see the USPTO actually discipline an attorney for…

When ChatGPT went live in late 2022, lawyers were some of the first to buy into its potential.   Don’t like to do research?  No prob; AI has you covered.
Not the best writer on the block?  No sweat, let AI craft your winning brief.
Some lawyers were led to believe it would be stupid NOT…

IP Practitioners are anxiously awaiting news on who will the incoming Trump administration selection to replace Kathi Vidal as Director of the USPTO.   And while many fine candidates are sure to emerge in the conversation, sources indicate that one name being considered for the agency’s top job is Pillsbury Winthrop long-time partner William P. Atkins…

Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark.  Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.”   After a…

From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates.  However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work…

Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar.
The OED evaluates applicants’…

On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity.  As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody…