IP news update: a U.S. snapshot

Published on: 10 October 2013

A lot has been happening in the United States over the past few months in IP. Need to catch up? Here is a brief recap of some hot top stories.

Patent Exam1: Will you be taking the patent exam starting the end of January 2014? If so, you should not be relying on old study materials, as there have been significant changes over the past two years, specifically the landmark Leahy-Smith American Invents Act (AIA).

  • Patent Examination (effective January 2012): Covers new rules and questions related to the AIA on patent applications.
  • Patent Bar Exam (effective October 2013): Added new testable material, specifically six new Federal Register Notices stemming from phase two of the AIA.
  • Patent Bar Exam 3 (effective April 2013): The exam now will test on the full AIA with the start of phase three related to first-inventor-to-file changes.
  • Additional changes will be introduced by the end of January 2014.

A good resource that provides a comprehensive catalog on the patent exam, preparation tips, and exam content updates is

USPTO updates:

  • New online format of the USPTO Trademark Official Gazette (TMOG): The USPTO released a new, easily searchable format for the online TMOG. The interface is straightforward and you can easily filter through the publications. There are a lot of great features that allow you to track, save, and share information.
  • Extension of the After Final Considerations Pilot 2.0 (AFCP 2.0)2: The AFCP 2.0 is now extended through December 14, 2013. As part of efforts to compact prosecution and increase collaboration, the “AFCP 2.0 authorizes additional time for examiners to search and/or consider responses after final rejection.” Go to the USPTO site for Guidelines for Consideration of Responses After Final Rejection [pdf document] under AFCP 2.0.

U.S. conferences:

  • IPO Annual Meeting: Dennemeyer exhibited at the IPO (Intellectual Property Owners Association) Annual Meeting in Boston this September. We were excited to network and meet with new and old friends alike. Congratulations to Sean M. (NJ) and George J. (IL) for winning our Grand Prize Boston Gift Basket and autographed Red Sox memorabilia.

News of the…odd:

Sometimes you read a case or issue that is quirky enough that you have to share. This one is from IT-Lex3, where in 2013(!), a suite was brought against an Illinios attorney for spam faxes. While many people view fax as antiquated, it seems that fax and fax spam is still going strong. To read a summary of the case and ruling, go to


  1. Quinn, Gene (September 26, 2013). Everything You Need to Know About the Patent Bar Exam.
  2. The United States Patent and Trademark Office. After Final Consideration Pilot 2.0. Retrieved September 30, 2013 from
  3. IT-Lex Technology Law 501(c)(3) (September 24, 2013). Lawyer On The Hook For Mass-Faxing Hundreds Of Accountants. Posted in Best Of The Rest, Litigation,