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IP Educational Series

INSIGHTS

Hindsight Is 20/20: Options for Amending Issued Patent Claims

Written by Brandon Zuniga Do you have an issued patent? Are you involved in an inter partes review proceeding (IPR) before the Patent Trial and Appeal Board (PTAB)? Given the benefit of hindsight, do you wish you could make a few amendments to your patent claims? If you answered yes to any of these questions, you have options for amending patent claims. What Are My Options for Amending Patent Claims? You might benefit from the reexamination or reissue procedures that are available to patent owners. Generally speaking, reexamination is a relatively limited procedure that is useful to address prior art concerns. A request for reexamination of a patent can be filed at any time during the life of the patent. However, it cannot be used

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Scandalous Trademarks: Fuct

Written by James Tuck and Jenna Figueroa In Iancu v. Brunetti, the Supreme Court recently struck down the United States Patent and Trademark Office’s (USPTO) ban on scandalous trademarks for violating the First Amendment. This ruling is in accordance with the Court’s 2017 ruling in Matal v. Tam when it found that a registration for an Asian American band named The Slants should be allowed. In a victory for First Amendment advocates, the Supreme Court recently held in Iancu v. Brunetti that the USPTO’s ban on registering “scandalous” marks was unconstitutional. The First Amendment is broad in the scope of protection that it provides. It explicitly states that “congress shall make no law prohibiting the freedom of speech or of the press.” But, the USPTO,

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