IP Law Daily, STRATEGIC PERSPECTIVES: Top intellectual property law developments for May 2022, (Jun 7, 2022)
Organizations Mentioned:Arthrex
In case you missed the in-depth intellectual property law coverage in the May 2022 issues of IP Law Daily, here are highlights of the month’s most notable developments.
May was another busy month in IP law. The Copyright Office put the finishing touches on the regulatory scheme for its new “small claims” tribunal—the Copyright Claims Board—in preparation for its long-awaited launch in mid-June. The federal government urged the Supreme Court to grant review in a case seeking clarification of the thorny Alice test for patent-eligibility of subject matter. Also in patents, the Federal Circuit revisited the Arthrex case and held that the acting director of the USPTO acted constitutionally by delegating authority to the Commissioner of Patents to review a Patent Trial and Appeal Board decision. In trademarks, the Ninth Circuit added a layer of complexity to cannabis law by holding that the 2018 Farm Bill—purposely or inadvertently—legalized products containing delta-8 THC, meaning that trademarks for those products could be protected by federal law. These and other key developments reported in the May 2022 issues of IP Law Daily are recapped in a Strategic Perspectives article available here.
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