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Counsel disagree on whether new Trademark Modernization Act rules will deter bad actors
Counsel are divided over whether the USPTO’s proposed
guidelines on the Trademark Modernization Act could deter bad actors from
abusing it, Managing IP reported yesterday, May 27.
The act, which was passed in December 2020 and will go into
effect in December 2021, was enacted to help clear the registry of marks not
being used in commerce.
The pending guidelines, ‘Changes To Implement Provisions of
the Trademark Modernization Act of 2020’, were published on May 18. They set
out how the USPTO would oversee the act’s new ex-parte expungement and ex-parte
Last week, Senator Tillis latest literary foray took the form of a letter to the Hon. Drew Hirschfeld, current Commissioner of Patents and Acting Director of the U.S. Patent and Trademark Office. In it, the Senator asks the USPTO to publish a request for information on the current state of patent eligibility jurisprudence in the United States, evaluate the responses, and provide us with a detailed summary of your finding, particularly with regard to how the current jurisprudence has adversely impacted investment and innovation in critical technologies like quantum computing, artificial intelligence, precision medicine, diagnostic methods, and pharmaceutical treatments. The letter illustrates and justifies the request by reciting the lack of consistency and clarity in our nation s patent eligibility laws. These circumstances have had a dramatic negative impact on investment, research, and innovation, not only discouraged investment in critical emerging technologies, but