DONIKA PENTCHEVA HAS BEEN AWARDED THE PATENT ATTORNEY OF THE YEAR (KENTUCKY) AWARD BY THE NEW WORLD REPORT

Law Office of Donika Pentcheva, PLLC – New World Report (thenewworldreport.com)

Should there be a time limit for a patent?

According to United States Patent and Trademark Office’s website, a term of a patent has been changed by Congress a number of times since 1790: Initially, under the 1790 Patent Act the term could not exceed 14 years. In 1836, Congress passed the Patent Act (5. Stat 117, 119, 5) which amended the statute to…

Two Harvard Medical School Professors and the Deputy Editor of the Journal of the American Medical Association cite Donika’s Intellectual Property Research

Donika humbly recognizes that her research regarding intellectual property law has been cited by Jonathan J. Darrow, S.J.D., LL.M., J.D., M.B.A., Assistant Professor at Harvard Medical School; Ameet Sarpatwari, Ph.D., J.D., Assistant Professor at Harvard Medical School; and Gregory Curgman, M.D., Deputy Editor of the Journal of the American Medical Association. The citation appears in…

Donika Pentcheva has been appointed Vice Chair of the High Tech and Software Patent Committee

The American Bar Association’s Section of Intellectual Property Law has appointed Donika Pentcheva as Vice Chair of the High Tech and Software Patent Committee.  The scope of the High Tech and Software Patent Committee includes issues relating to the intellectual property protection of inventions in the technology fields.  In particular, the committee is tasked with…

Donika Pentcheva is recognized with a Top-Rated Attorney Rating in 2020

Donika Pentcheva humbly accepts being recognized with a Top-Rated Attorney Rating in 2020 by the legal community. The recognition is being bestowed by Avvo.com, a platform for consumer information regarding attorneys.

An Inventor’s Sale of an Invention to a Third Party who is Obligated to Keep the Invention Confidential can Qualify as Prior Art

The United States Supreme Court held in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al. (No. 17-1229, 2019) that inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under section 102(a) of title 35 of the United States Code.  The…

Adding “.com” To A Generic Name Can Create A Protectable Trademark

In an 8-1 majority decision, the United States Supreme Court held that adding “.com” to a generic name can create a protectable trademark. United States Patent and Trademark Office v. Booking.com B.V. A generic name is the name of a class of products or services. Id. A term styled “generic.com” is a generic name for…

The Classification of Merchandise by the U.S. Customs and Border Protection is Important

Apple filed suit against the U.S. in the U.S. Court of International Trade in which Apple challenged U.S. Customs and Border Protection’s classification of Apple’s iPad 2 Smart Cover under the Harmonized Tariff Schedule of the United States (“HTSUS”) Subheading 6307.90.98.  Apple, Inc. v. United States, 375 F. Supp. 3d 1288 (Ct. Int’l Trade 2019). …

USPTO Will Accept Petitions to Advance Initial Examination of Applications for Marks Used to Identify Qualifying COVID-19 Medical Products and Services

Beginning June 16, 2020, the Director of the United States Patent and Trademark Office (“USPTO”) will accept petitions to advance initial examination of applications for marks used to identify qualifying COVID-19 medical products and services.  Because the USPTO considers the effects of COVID-19 to be an “extraordinary situation” within the meaning of 37 C.F.R. §…

General Information on Patents: Importance of Filing Applications Promptly

A patent application must be filed in accordance with the United States patent laws. One of the most critical requirements of our patent laws is that a patent application must be filed promptly. As of March 16, 2013, patents will be awarded to the first inventor to file a patent application for a particular invention.…