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 […]

Donika’s Intellectual Property Law Research Has Been Cited in a Multi-District Patent Litigation Case in Texas

Donika Pentcheva is pleased to announce that her research involving intellectual property law has been cited in In RE: Industrial Print Technologies, LLC, Patent Litigation, a case pending before the Northern District of Texas. Before the Court were seven identical Motions for Leave to Amend the Pleadings to Add Acacia Research Group, LLC (“ARG”) as […]

United States Representative Thomas Massie introduces “Restoring America’s Leadership in Innovation Act of 2020” (H.R. 7366)

On June 25, 2020, United States Representative Thomas Massie (a Republican representing Kentucky’s District Four) introduced in the United States House of Representatives a bill titled “Restoring America’s Leadership in Innovation Act of 2020” (also referred to as H.R. 7366).  If enacted into law, H.R. 7366 would repeal the “first-to-file” system under the America Invents […]

Appointments of United States Patent and Trademark Office Administrative Patent Judges

The Solicitor General, on behalf of the United States, petitioned the Supreme Court of the United States for a writ of certiorari to review the judgments of the United States Court of Appeals for the Federal Circuit in the following two cases: Arthrex, Inc. v. Smith & Nephew, Inc. and Polaris Innovations Limited v. Kingston […]

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).  […]

Donika Pentcheva has been named to the Top Five Percent of America's Most Honored Lawyers

Donika expresses gratitude for being nominated and, ultimately, named to the top five percent of America’s most honored lawyers.

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. […]

The European Patent Office Refuses Two Patent Applications Designating A Machine Inventor

The European Patent Office has refused two European patent applications in which a machine is designated as an inventor. Both patent applications indicate “DABUS” as inventor, which is described as “a type of connectionist artificial intelligence.” The applicant stated that they acquired the right to the European patent from the inventor by being its successor […]

Trademark Licensing Protection Act

Franchising is governed by trademark law which is enacted in the Lanham Act, 15 U.S.C. 1051 et seq. This law requires that franchisors police the use of their intellectual property licensed to third parties so that the brand is consistent and uniform to consumers. While trademark law requires franchisors and franchisees to enact controls to […]

U.S. Patent and Trademark Office Enacts a New Rule Mandating Electronic Filing for Trademark Submissions

Subject to limited exceptions, the U.S. Patent and Trademark Office is enacting a new rule that mandates electronic filing for trademark submissions. In particular, trademark applicants and registrants will be required to: File their trademark applications and documents concerning trademark applications and registrations online using the U.S. Patent and Trademark Office’s Trademark Electronic Application System; […]

Implications of The United States-Mexico-Canada Agreement

U.S. President Donald Trump tweeted that the USMCA “will be the best and most important trade deal ever made by the USA.”  U.S. House Speaker Nancy Pelosi added that “there is no question of course that this trade agreement is much better than NAFTA.” What will be the impact of the USMCA?  The U.S. International […]

U.S. Senators Introduce A Bill to Enforce Design Patents at the U.S. Border

On December 5, 2019, four U.S. senators introduced a bill that would allow Customs and Border Patrol (“CBP”) to directly seize goods based on design patent infringement.  The bill is titled the “Counterfeit Goods Seizure Act of 2019.”  Currently, design patents at the CBP can only be enforced by seeking an exclusion order from the […]