Learn about BSKB’s announcements, recognitions, and other firm news below.
September 23, 2021
Effective January 1, 2022, a USPTO surcharge fee of $400 (large entity), $200 (small entity) and $100 (micro entity) will apply for non-DOCX filings. The surcharge fee applies to utility non-provisional application filings (e.g., the specification, claims, and abstract must be in DOCX format to avoid the surcharge; drawings are not subject to this requirement). The DOCX surcharge does not apply to US National Stage Applications or PCT International Applications filed in the US Receiving Office. Drawings may be filed as PDF or DOCX documents. There is no surcharge for drawings not filed as DOCX documents. DOCX is a structured text-based Microsoft Word document. To avoid the USPTO surcharge, our policy at BSKB will be to require a DOCX format for all utility non-provisional applications (preferred for National Stage and PCT applications, but not required) filed on or after January 1, 2022. The USPTO already accepts DOCX filings, and we recommend that you commence sending applications in DOCX format as soon as possible.
May 28, 2021
Leonard Svensson recently published an article in IPWatchdog, Inc. analyzing meat substitution companies and the patent protection being sought and obtained in the industry.
April 12, 2021
BSKB is proud to announce that Partners, Gerald Murphy and Chad Rink will be presenting again at this year's Practising Law Institute (PLI), April 30, 2021 beginning at 9AM PT. Mr. Murphy and Mr. Rink will be discussing Chemical, Pharmaceutical and Biotech Updates Affecting Patent Prosecution.
February 19, 2021
BSKB is pleased to announce the appointment of Partner, MaryAnne Armstrong, Ph.D. to the European Patent Office’s Standing Advisory Committee (SACEPO Working Party on Quality, section for American countries).
January 28, 2021
Birch, Stewart, Kolasch & Birch, LLP (BSKB) is pleased to announce the arrival of Estella M. Gustilo, Ph.D. to the firm’s prosecution practice.
December 23, 2020
Wishing you a safe and wonderful holiday season and a happy New Year.
December 1, 2020
Birch, Stewart, Kolasch & Birch, LLP has been ranked in the 2021 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 3 practice areas and regionally in 3 practice areas.
September 10, 2020
Michael Smith was quoted in a Bloomberg Law article regarding Apple's opposition to the “federal registration of food prep app Prepear’s logo as a trademark, arguing the green pear-with-leaf logo ‘readily calls to mind’ its iconic bite-out-of-an-apple logo.”
August 31, 2020
Falls Church, Va., August 31, 2020 — Eric H. Liou has joined Birch, Stewart, Kolasch & Birch, LLP (BSKB) as an associate in the firm’s Electronics and IT Practice Group.
August 27, 2020
Effective October 2, 2020, many USPTO fees will increase including application filing, RCE, appeal and issue fees. Therefore, to save costs, with one exception, you may consider filing any items with fee increases prior to October 2, 2020. The exception relates to the payment of the Issue Fee. Any issue Fee having a mailing date prior to October 2, 2020, will have the lower Issue Fee printed on the Notice of Allowance (even if the Issue Fee is paid after October 2, 2020).
July 24, 2020
"The fact that these other guys have filed applications for trademark registrations, I think it is a cautionary tale," Birch Stewart Kolasch & Birch LLP trademark attorney Michael Smith told Law360. "Teams want to go ahead file an intent to use applications early on so they can be first in line. That is not to say that the Washington team is not going to be able to resolve the issue, but it complicates things more."
July 21, 2020
Partner Michael Smith is quoted in today's Law360 article regarding a rare Listerine royalty auction
Unlike patents and copyrights, which have a set lifespan, "trade secrets basically last forever as long as you can keep a secret," said Michael Smith of Birch Stewart Kolasch & Birch LLP. A modern trade secrets contract would likely take that into account and call for the agreement to terminate if the secret became known, "which would mean the obligation obviously to continue paying would likewise terminate at that time," he said.
July 20, 2020
Washington’s NFL team could still profit off its discarded name
June 23, 2020
BSKB is pleased to announce the promotion of Michael T. Smith as a Partner. Michael T. Smith joined BSKB in 2012 having practiced in the intellectual property field since 2001. Mr. Smith’s practice focuses on all aspects of trademark law, including clearance, prosecution, maintenance, enforcement, and licensing. His practice also includes patent prosecution, litigation in federal district courts, and inter partes matters before the Trademark Trial and Appeal Board as well as the Patent Trial and Appeal Board. Mr. Smith’s litigation experience includes the representation of clients from a variety of industries, including media, technology, hospitality and manufacturing. Mr. Smith received his bachelor’s degree in biology from West Virginia University and his JD from the University of Akron School of Law.
May 18, 2020
Oticon is represented by David R. Anderson and Eugene Perez of Birch Stewart Kolasch & Birch LLP. The case is Cochlear Bone Anchored Solutions AB v. Oticon Medical AB et al., case numbers, 19-1105 and 19-1106, in the U.S. Court of Appeals for the Federal Circuit.
May 15, 2020
BSKB partners MaryAnne Armstrong, Ph.D., Paul C. Lewis, and Michael K. Mutter have been named IP Stars by Managing IP.
March 23, 2020
Covid-19 Spotlights Ruling’s Chilling Effect on Diagnostic Tests
March 16, 2020
Birch, Stewart, Kolasch & Birch, LLP (BSKB) is aware of the concerns about the spread of the Coronavirus (COVID-19). We are following the rapid developments and we are closely following the guidance of local health officials, the Centers for Disease Control and Prevention, and the World Health Organization to protect our employees, clients, and guests.
March 5, 2020
Stephanie Grosvenor chats with Bloomberg Law about an antitrust case involving two tech giants, Intel Corp. and Apple Inc.
Intel, Apple Using Antitrust as New Weapon in Patent Fights
February 28, 2020
Birch, Stewart, Kolasch & Birch, LLP has been editorially recommended and ranked in the Patents: Prosecution area of the current edition of Legal 500.