Letter from the editor

I cannot believe we are coming up on the end of 2021. I’m sure I speak for most of you when I say that this year has been a whirlwind!

In this issue, Michael Geller discusses a late-breaking development from the USPTO – final regulations for the Trademark Modernization Act of 2020. Michael explains how trademark owners can use these regulations to better protect their marks. He also highlights one new, important change to the deadlines for responding to office actions.

Continuing the theme of engaging with the UPSTO, Roshan Bhattarai discusses practical ways to engage with patent examiners through the examiner interview process. Roshan’s best practices for examiner interviews may be particularly useful as patent applicants navigate the changing world of subject matter eligibility.  

In Pharma Corner, Monica De Lazzari and I discuss a recent decision from the Federal Circuit that highlights the potential pitfalls faced by pharmaceutical companies which must file both disclosures to the USPTO and regulatory submissions to the FDA.

Heather Dunn and Carissa Bouwer report on the recent uptick in warning letters from the Federal Trademark Commission to companies that may be using online reviews and influencer endorsements in a deceptive manner. Given the exponential rise in marketing on social media, these warnings suggest that the FTC will not be shy in seeking civil penalties for deceptive advertising violations.

Dawn Stern, Courtney Gilligan Saleski, and Thomas Daley highlight the US Department of Justice’s Civil Cyber-Fraud Initiative, which was created to crack down on cybersecurity-related fraud committed by US government contractors.

For something different in this issue of IPT News, we are highlighting three of DLA Piper’s recent podcasts focusing on breaking developments in science and the law: mRNA and the COVID vaccine; understanding artificial intelligence and its use in drug discovery; and man versus machine: working together in the age of artificial intelligence. These are fascinating dives into technical and timely subjects, and we hope you enjoy them.

We are so thankful for the trust our clients place in us, and we look forward to a successful 2022. On that note, I personally wish all of you a most peaceful and joyous holiday season.