Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article “navigating a decade of the America Invents Act;” and
- a blog post discussing how the “Federal Circuit [held] that the PTO violated the First Amendment by denying registration to TRUMP TOO SMALL.”
Ken Korea wrote an article for ManagingIP “navigating a decade of the America Invents Act.” Korea noted how “[m]ost pundits predicted that the most important change would be the shift to a first-to-file system from a first-to-invent system.” “But,” Korea continued, “IPRs became wildly popular.”
Samuel F. Ernst authored a guest blog post for PatentlyO discussing how the “Federal Circuit [held] that the PTO violated the First Amendment by denying registration to TRUMP TOO SMALL.” More specifically, Ernst noted, “a panel of the Federal Circuit held . . . , in In re Elster, that the PTO violated the First Amendment when it refused to register . . . a mark criticizing former President Donald Trump.”