Knobbe Martens partners Susan Natland, Mark Lezama and Jeff Van Hoosear authored “Predictions in 3 Key Areas for IP Practitioners This Year,” published in Law360. In the piece, the authors provide their predictions for IP as it relates to the U.S. Patent and Trademark Office, trademarks and patent litigation.
Ms. Natland examines the USPTO’s likely priorities under Director Kathi Vidal, including a focus on DEIA, anticounterfeiting, guidance on subject matter eligibility, updated guidance on inter partes review under Fintiv, and reducing first-action pendency of trademark application filings.
Regarding trademarks, Mr. Van Hoosear predicts that the USPTO will result in more federal trademark filings, increasing an already burdened system. He discusses the Trademark Modernization Act, the new three-month response period, and new reexamination and expungement proceedings, and expects that interest in the metaverse, virtual goods and services, and new technologies will continue to shape our culture and commerce this year.
Mr. Lezama explores patent litigation trends, including a resurgence of PTAB trials, Fintiv denials and institution rates, and disclosure requirements that may affect Delaware’s share of patent cases.
Read the full article here.
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