Womble Perspectives

Recent weeks have witnessed some new developments at the U.S. Patent and Trademark Office. From the adoption of e-signatures to the clarification of some ambiguities, we’ve pulled together a few insights to help you make sense of these changes.

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E-Signatures Soon May be Used for Patent Correspondence

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Cory Schug

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USPTO Addresses Ambiguities in Means-Plus-Function, Step-Plus-Function Claims 

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Samuel A. Savanich
Jeffrey S. Whittle
Jorge Lozano

Last week, senior Department of Justice leadership announced new policies and programs intended to further its “carrot and sticks” approach to corporate criminal enforcement, which has borne fruit with twice as many voluntary self-disclosures in 2023 when compared to 2021.

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About the authors:
Joe D. Whitley
Dr. Christian E. Mammen
Luke Cass
Amy P. Lyons
Matthew Bellah

The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as classified by the World Bank. This trend is supported by data indicating that investment volumes in these economies have risen consistently, reflecting the potential growth and robust economic indicators in these regions.

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About the authors:
Merrick J. Benn
Charlie Reid

The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. The Report is the result of a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.), and incorporates feedback from a Federal Register Notice and three online public roundtables.

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About the authors:
Alexander P. Wharton
Jacob S. Wharton

In a world where trademark owners craft their brand narratives with creativity and innovation a dark undercurrent emerges – a rising tide of scams driven by the same ingenuity and resourcefulness. As these paths of creativity and innovation intersect, trademark owners must stay vigilant in safeguarding themselves from the ever-evolving tactics of scammers seeking to deceive and defraud.

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About the author:
Sara M. Bauer

“Honoring the Guest” is a cherished tradition in Persian culture. When you work with Jasmine Chalashtori, you’ll understand what it means.

This trial-tested litigator leans heavily on her Iranian-American heritage of hospitality to ensure that her clients feel seen, heard, and represented by a strong, capable advocate. Whether it involves complex commercial litigation or white-collar criminal defense, she brings a highly personal approach you won’t find anywhere else.

On March fifth, the Federal Trade Commission convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects both the FTC and DOJ Antitrust Division’s recent focus on private equity and serial roll-up transactions more broadly as targets for antitrust enforcement.

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Ian Dickinson
Lee K. Van Voorhis

The United States Patent and Trademark Office recently issued a Notice of Proposed Rulemaking seeking to revise its rules on amendment practice under the America Invents Act. Specifically, the Office is proposing to make permanent certain provisions of their 2019 motion to amend pilot program, which is currently set to terminate in September 2024.

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About the authors:
Alexander P. Wharton
Barry J. Herman
Preston H. Heard

As we near another election cycle, the discussion on cannabis legalization will be a key debate at both state and federal levels. A November 2023 Gallup survey revealed record public support for marijuana legalization at 70%, across party lines. Looking back at 2023 advancements, how will this impact cannabis legalization as we head into the 2024 election season?

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About the author:
Morgan E. Persinger

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously, the sale of property located in South Carolina, or the sale of equity in an entity owning South Carolina property (among other types of transactions), typically triggers an ATI and allows the County in which the property is located to reassess the value of the property in the year following closing, which can result in a significant increase in real property taxes.

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Read the alert from 2022.

About the authors
Amy H. Clayton
J. Whitney McGreevy
L. Neill Edwards
Taylor Jones