CONGRESS INTRODUCES “PATENT SIMPLIFICATION ACT”
Yesterday members of Congress introduced legislation titled the Patent Simplification Act, which sponsors say will modernize U.S. patent law by reducing the Patent Act to three sections. According to a discussion draft circulating on Capitol Hill, the bill would replace existing statutory provisions with the following framework:
- Section 1 – If it appears new, a patent may be granted.
- Section 2 – If someone disagrees, the parties may litigate.
- Section 3 – If the Federal Circuit disagrees, repeat Section 2.
Sponsors described the proposal as a bipartisan effort to “codify existing practice and reduce unnecessary complexity in the patent system.”
FEDERAL CIRCUIT ANNOUNCES ONE-WORD OPINION PILOT PROGRAM
The Federal Circuit recently announced a pilot program under which certain appeals may be resolved through one-word opinions intended to improve judicial efficiency. Under the program, decisions will be issued in one of three formats: “AFFIRMED,” “REVERSED,” or “DEPENDS.” The Court will continue to publish full opinions in cases that “require more than a single word of analysis.”
DISTRICT COURT CONSIDERS “VIBES” IN TRADEMARK LIKELIHOOD-OF-CONFUSION ANALYSIS
Yesterday a district court in California held that courts evaluating trademark likelihood of confusion may consider what it described as the “overall vibes” of competing marks in addition to traditional likelihood-of-confusion factors. The court explained that while similarity of marks is typically evaluated based on appearance, sound, and meaning, modern branding may also convey similarity through the marks’ “energy.” Applying that reasoning, the court concluded that the marks at issue projected sufficiently similar “vibes” that consumers encountering them in online marketplaces could reasonably believe they originated from the same source.
Editor’s Note: Happy April Fools’ Day!