IP Student Reporter

Judge Christopher Larkin provided an in-depth update on current operations, recent developments, and best practices at the Trademark Trial and Appeal Board (TTAB). He began with a reminder of the Board’s role—deciding only the right to obtain or maintain a registration with limited remedies available. Read more

Dan Vavonese opened the session with an overview of the challenges overcome in FY25, noting that the USPTO Trademark Office has been able to meet and exceed its goals. Staffing has remained steady despite the federal hiring freeze. Read more

Jennifer Lantz and Rob Wallace discussed how trademark surveys function in litigation, exploring the different types of surveys practitioners use, the standards courts apply when deciding whether to admit them, and the best practices attorneys should follow when designing surveys. Read more

Ted Davis and John Welch presented a review of trademark developments over the past year, covering federal court decisions and TTAB proceedings. Ted Davis discussed trademark protection for Non-Fungible Tokens (NFTs), trade dress pleading requirements, what constitutes actionable “use in commerce” under the Lanham Act, and the fading of the Dawn Donut Doctrine. Read more

The Unified Patent Court (UPC) was established to enhance legal certainty and harmonization of patent law across the EU member states. Read more

The Boards of Appeal are the EPO’s independent judicial body and act as the first and final judicial instance in EPO proceedings. They review decisions made by the Receiving Section, Legal Division, Examining Division, and Opposition Division within the framework of the EPC. Read more

This EPO session landed on a simple truth with real drafting consequences: you don’t win European protection for software and AI by proving the math is elegant, you win by proving that the part you’re proudest of produces a technical effect that solves a technical problem. That through-line, familiar to veterans of the COMVIK approach, wasn’t presented as abstract doctrine but as a practical, repeatable recipe for getting AI and software claims across the line at the EPO. Read more

Gerry Van Dooren's core message was both straightforward and stringent: success or failure of an application at the EPO hinges upon clarity, technical effect, and adherence to added-matter principles. He elucidated the foundational rules governing examination, highlighted points of divergence between U.S. and EP practices, and concluded by providing practical checklists for immediate application by drafters. Read more