Introducing FishBitsFish Tank: Volume 20, Issue 5

Intellectual Property Insights from Fishman Stewart
Volume 20, Issue 5

Introducing FishBits^SM

FishBits^SM are short articles on intellectual property news and insights. Look for FishBits^SM articles in our newsletters and social media feeds for reports, answers to frequently asked questions, and general information about the curious world of Intellectual Property.

By Zachary P. Grant

The future of IP evidence is close at hand, thanks to blockchain. Blockchain technology creates an immutable ledger detailing the chain of possession for whatever is attached. Conceptualized in 2008, blockchain is currently utilized in some supply chains for anti-counterfeiting and anti-piracy purposes, as it can trace the product from supplier to infringer. Used as evidence, blockchain could change the strategy of IP court battles.

Patent and Trademark Office Grants Further Relief

By Paul M. Ratzmann

The U.S. Patent and Trademark Office (USPTO) continues to recognize the challenges faced by applicants due to the COVID-19 pandemic, particularly for small businesses and individuals. It is important to stay up to date on the USPTO’s relief efforts in order to take advantage of the institution’s generous temporary policies.

In the first days of the pandemic, in March, the USPTO granted initial relief by waiving fees and extending deadlines. Additional notices were sent on April 28 that extended deadlines and expanded fee waivers to include fees associated with reviving applications that become abandoned due to COVID-19. The USPTO’s most recent relief directives were announced on May 27, 2020 and include the following:

Trademarks: The USPTO will waive petition fees for reviving applications or reinstating registrations, and the deadline to do so is extended to June 30, 2020. The USPTO will consider petitions to revive in the following situations: Applicants and Registrants who missed responses or fees to an office communication; Applicants who missed the 36-month statutory deadline for filing a Statement of Use; and Registrants who missed a statutory deadline that resulted in a cancellation or expiration of a registration.

Patents: The USPTO will extend due dates for small and micro entities for various filings if submitted by July 1, 2020. Large entities may seek relief on a case-by-case basis. Additionally, the USPTO will waive the petition fee for all entities to revive applications affected by COVID-19 that were abandoned on or before June 30, 2020.

All notices related to COVID-19 are available at uspto.gov/coronavirus .

If you have any questions regarding the above provisions or regarding other COVID-19 relief provided by the USPTO, please contact us at ipinsights@fishstewip.com or at +1-248-594-0600.

Four Fishman Stewart Partners Named IP Stars

Fishman Stewart is pleased to announce four of the firm’s attorneys have been named 2020 “IP Stars” by Managing Intellectual Property (MIP) magazine. MIP names leading IP firms and lawyers and covers more than 80 countries.

Michael Fishman – Trademark Star 2020
John Guenther – Patent Star & Trademark Star 2020
Michael Stewart – Patent Star 2020

Additionally, Fishman Stewart was named as a “Highly Recommended Firm” for Trademark Law and a “Recommended Firm” for Patent Prosecution . For Fishman Stewart’s complete MIP rankings and accolades, click here.

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