MONTHLY INSIGHTS | DECEMBER 2021
Sending best wishes to all for a happy, healthy,
and prosperous new year!
Regulations Implementing Trademark Modernization Act of 2020 Went Into Effect December 18, 2021
The Trademark Modernization Act of 2020 (TMA) was enacted by the U.S. Congress to address several current issues in U.S. trademark law, primarily to combat inaccurate or fraudulent claims of use in U.S. commerce. Regulations implementing the TMA went into effect on December 18, 2021. Changes will affect trademark practitioners and trademark owners and applicants. READ MORE
Video Game Technology and IP Law:
New Video Game Commerce Meets Old School Trademark Law
Following our previous articles on video game patents and video game copyrights, we are now examining the role of trademark law in video game technologies. Where trademark law may be the oldest intellectual property right, the use of trademarks within video games has thus far received little attention by courts and legal scholars. While trademark law has typically provided protection for tangible goods and services, commerce in the digital age poses new problems for this legal right, especially among online video game communities. While current trademark statutes are applicable to video game technologies other special issues place limits on a trademark owner’s rights, such as constitutional protections that provide freedoms of speech and personal expression. READ MORE
Federal Circuit Emphasizes Unpredictability in Overturning PTAB's Finding of Obviousness
The Federal Circuit recently overturned a PTAB decision finding patent claims obvious as being based on “pure conjecture coupled with hindsight reliance on the teachings” of the patent under consideration. While the PTAB supported its decision on its finding of a reasonable expectation of success for the claimed invention, the Federal Circuit disagreed and found, instead, that “the only reasonable expectation at the time of the invention was failure, not success.” READ MORE
2021 YEAR IN REVIEW
For your perusal, here is an overview of just some of the topics OBWB's Monthly Insights covered in 2021
OBWB ANNOUNCES PROMOTION
Osha Bergman Watanabe & Burton is pleased to announce that effective January 1, 2022, Seema Mehta joins OBWB’s Executive Committee.
 
Seema joined the firm’s Houston office in 2003, starting her career at OBWB as a patent engineer. After just a year and a half, Seema took the patent agent exam and became a U.S. patent agent.
She then decided to pursue a law degree, graduating the University of Houston’s Law School Center in 2007. Seema’s exemplary work as a patent attorney and her dedication to clients and OBWB values served to further establish her position as a pillar at the firm. In 2013 she was promoted to partner.

We congratulate Seema on her new executive committee member role at Osha Bergman Watanabe & Burton.