Patent & Trademark: Administrative Review Hearings & Symposium

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Center for Intellectual Property & Entrepreneurship and United States Patent and Trademark Office

March 1, 2016
Hulston Hall

Overview

Intellectual property litigation has transformed over recent years through the growing use of administrative review proceedings. This symposium, hosted by the University of Missouri Center for Intellectual Property & Entrepreneurship and the United States Patent and Trademark Office, will provide an overview of the current patent and trademark review processes. Two panels will focus on strategy issues and policy concerns, and the experience will be capped by live hearings by the Patent and Trademark Trial and Appeal Boards.

The central importance of the Patent Trial & Appeal Board (PTAB) has risen greatly since passage of the America Invents Act of 2011 and creation of the new inter partes and post-grant review procedures. These review proceedings provide an alternative forum for third-parties (usually accused infringers) to challenge patent validity. The review trials are handled by three-member tribunals of administrative patent judges who have been appointed by the U.S. Secretary of Commerce after consideration of their training in both technology and the law. The review proceedings are now being challenged on a variety of procedural and constitutional grounds – with one case, Cuozzo v. Lee, to be heard by the U.S. Supreme Court this term.

The Trademark Trial and Appeal Board (TTAB) hears trademark challenges, including opposition proceedings and appeals. Their hearings focus on questions of whether a mark is generic, amoral or confusingly similar to existing marks. A set of cases pending in federal courts challenge the constitutional propriety of the TTAB’s statutory authority to cancel marks that “disparage” persons, institutions, beliefs or national symbols. Like the PTAB, administrative trademark judges are appointed by the U.S. Secretary of Commerce.

Location

All events will be held in Hulston Hall on the University of Missouri campus. Convenient parking is located two blocks west of Hulston Hall in Turner Avenue Garage.

Continuing Legal Education

This symposium is approved for 6.0 hours of mandatory continuing legal education credit in the state of Missouri.

 

For questions about this event please contact the University of Missouri Center for Intellectual Property & Entrepreneurship at 573-882-5969.