Perspective: Kirton McConkie Law Blog

Showing 3 posts by Kenneth E. Horton.


The USPTO recently released materials for training patent Examiners on how to rebut legal arguments during prosecution. Titled “Responding to Legal Arguments (RLA),” these materials train patent Examiners about (i) the basics of the U.S. legal system and (ii) how to respond to legal arguments made during prosecution. While a start, these training materials are likely to be inadequate to truly help patent Examiners understand the complexities of legal arguments made against their rejections. But the RLA helps clarify the following practice tips. Read More

Trademark ruling impacts nutritional supplement naming

The Court of Appeals for the Federal Circuit (CAFC) recently issued a trademark ruling relevant to many Utah companies that sell nutritional supplements. In re TriVita, Inc., 2014-1383 (Fed. Cir. 2015). In this decision, the CAFC agreed with the U.S. Patent & Trademark Office (USPTO) that the term NOPALEA was descriptive for dietary and nutritional supplements containing “nopal” juice. TriVita, Inc. had filed a trademark application for the trademark NOPALEA. Read More

Comparison of post-grant proceedings

The America Invents Act (AIA) passed by the U.S. Congress was implemented in 2012 and 2013. The AIA introduced several new post grant proceedings of the U.S. Patent & Trademark Office, as well as changes to some existing post grant proceedings, allowing both patent owners and challengers to attack (and defend) the validity of an issued patent. Read More