Donika Pentcheva Has Been Acknowledged by The American Intellectual Property Law Association For Her Work on the Model Patent Jury Instructions

The 2024 Model Patent Jury Instructions are a neutral set of jury instructions that are not biased in favor of either the patent owner or the accused infringer. These Instructions are not intended to address every conceivable issue that might arise in patent litigation. Instead, guidance is provided on those issues that typically arise in…

Donika Pentcheva Has Been Nominated as a Lawyer of Distinction for 2023

Donika Pentcheva has been invited to accept a nomination as a Lawyer of Distinction for 2023. Lawyers of Distinction Members have been selected based upon a review and vetting process by a Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform generates a numerical score of 1 to 5 for each of the 12…

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…

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…

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. §…