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KickerFeaturesSectionsNewsLJN NewslettersThe Intellectual Property Strategist

A Summary of the New Rules for Litigating Before the TTAB

BY William M. Bryner
October 30, 2007

EDITOR'S NOTE: After this month's issue of The Intellectual Property Strategist went to press, U.S. District Judge James Cacheris granted a motion by GlaxoSmithKline for a preliminary injunction blocking the U.S. Patent and Trademark Office from implementing the rules set to go into effect on Nov. 1. For up-to-date information, see http://www.lawjournalnewsletters.com/issues/ljn_patent/8_6/news/149619-1.html

On Aug. 1, 2007, and as reflected in Volume 72 of the Federal Register published on that date, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). According to this rulemaking action, which modifies a number of provisions within Title 37, Part 2, of the Code of Federal Regulations (the 'Rules'), the effect of these Amendments is fourfold, namely:

1) To require service of complaints or claims on defendants in inter partes proceedings before the Trademark Trial and Appeal Board (the 'Board');

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