Archive for June, 2021

Query — Accountability

Wednesday, June 30th, 2021

Now, after Arthrex, with the Director being responsible for decisions emanating from the PTAB, will the Solicitor’s Office be able to pick and choose which issues of a PTAB decision to defend at the Federal Circuit and which not to? Stated differently, must the Director now defend decisions of the PTAB lock, stock, and barrel? It would seem so.

USPTO Expands Law School Clinic Program

Monday, June 28th, 2021

From the USPTO web site:


USPTO to expand Law School Clinic Certification Program

Program accepting law school clinic submissions through December 31, 2022June 1, 2021

The United States Patent and Trademark Office (USPTO) is extending the submission deadline for expanding its Law School Clinic Certification Program by admitting additional schools into the program. Founded in 2008, the program currently includes 60 law school clinics and offers patent and trademark applicants access to pro bono services. It also gives law students, under the supervision of a faculty clinic supervisor, experience in practicing intellectual property law before the USPTO. 

The program is administered by the USPTO’s Office of Enrollment and Discipline (OED). Participating law school clinics must maintain the requirements for USPTO certification in order for students to practice before the agency. 

“The USPTO is committed to fostering a strong and vital patent system,” said Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “The development of legal skills through practical experience allows advocates to effectively support and represent their clients’ interests.”

Submissions from interested law school clinical programs will be accepted on a rolling basis through December 31, 2022. Details of the program expansion and application materials are available on the Law School Clinic Certification Program page of the USPTO website.

For additional information and application submission guidelines, please contact Jennifer Harchick, Emily Sprague, Gerard Taylor, Kim Weinreich, or Charlema Grant by telephone at (571) 272‐4097 or lawschoolinformation@uspto.gov.

Authors wanted

Wednesday, June 23rd, 2021

The JPTOS asked that I post this request for article submissions. Isn’t it about time for you to update your CV with a new published article?


The Journal of the Patent and Trademark Office Society (“JPTOS”), America’s premiere intellectual property law journal for over one hundred years, hereby announces an OPEN CALL FOR SUBMISSIONS by direct email to editor@jptos.org or on Scholastica (go to https://jptos.scholasticahq.com and to set up a Scholastica account go to http://scholasticahq.com). After taking a publishing hiatus due to the pandemic, we are back on track for publishing Volume 102 and onwards! Thus, we are calling all practitioners, judges, law professors, law students, economists, legal professionals, writers and anyone with interest in the fields of intellectual property, law and technology! We are seeking articles involving intellectual property (patents, trademarks, copyrights, trade secrets, or hybrids between all such forms) or law & technology (blockchain, cryptocurrencies, NFTs, artificial intelligence, 3D printing, social media, privacy/surveillance, biotechnology, pharmaceuticals, COVID vaccine patents or patent policy and topics) and all related fields. JPTOS is one of the oldest intellectual property journals in the United States and for over a century, we have been at the very forefront of the intellectual property debate and we will stay there ONLY with your contributions. Again, you may directly email your submissions to editor@jptos.org or contact that email address for any questions about the Journal. In addition, see the above Scholastica website or our official website at http://jptos.org for further details regarding submission guidelines, our staff and Board of Governors, contact information, subscriptions or ordering/accessing past issues. Looking forward to your submissions!

Happy Birthday, Judge Newman

Tuesday, June 22nd, 2021

A belated happy birthday to Judge Newman! I believe she turned 94 on June 20th. Feared by glass ceilings everywhere.

A Compendium of Open Source Casebooks Related to IP

Monday, June 14th, 2021

I stumbled upon this compendium of open source casebooks that I thought was pretty cool. The list includes open source casebooks on the subjects of: IP, Copyright, Patent, Trademark, Advertising, Music, Licensing, Internet, Artificial Intelligence, Telecommunications, National Security, IP & Administrative, and IP & Antitrust Law. Here’s the link: https://james.grimmelmann.net/files/casebooks .

Senior Judge Evan Wallach

Tuesday, June 1st, 2021

Judge Evan Wallach of the Federal Circuit assumed senior status today. I always admire the judges who take senior status when it becomes available. They free up slots on the court for new judges while still making themselves available for significant participation on the court as senior judges. It is a selfless act that expands the ranks of the court.