23 Feb 2017
Intellectual property – or IP – is a very complicated area of law. New ideas are typically protected in the form of patents, trade secrets, trademarks, and copyrights. While U.S. law allows for individuals to file patent applications themselves, it is advisable to retain the services of an experienced intellectual property and patent attorney. Our...
17 Nov 2016
The America Invents Act (AIA) allows patented products to be marked “virtually” by using a notice directing consumers to visit a site on the internet. See USPTO’s Report on Virtual Markings, September 2014. To comply with virtual marking requirements, the owner must mark the product itself, or the product’s packaging if it is not possible...
27 Nov 2013
Back in July of 2012, a jury returned a powerful verdict against Samsung, in a suit filed by Apple (AAPL), claiming Samsung infringed on several patents, and diluted Apple’s trade dress for the iPhone. That jury found that 26 Samsung smartphones and tablets infringed Apple patents and that six Samsung smartphones diluted Apple’s registered iPhone...
11 Nov 2013
Innovative persons, groups, or businesses that believe they have a patent-worthy invention often submit a non-provisional patent application to the USPTO, typically through in-house or hired patent attorneys. After a hard-fought battle with a designated patent examiner, an applying party may be lucky enough to receive the hallowed “notice of allowance,” signifying the application’s acceptance...
5 Nov 2013
When most people talk of patents and protecting their inventions they are implicitly talking about “utility patents,” which protect the way an invention works. However, there is an entirely different class of patent, the “design patent,” that United States patent law recognizes and that those seeking a patent should also consider. The Differences… First, the...
1 Nov 2013
Apple, Microsoft, and others, team up to battle Google, Samsung, and several Android smartphone makers. Headlines on various reports appearing all over the net today are referring to a recently filed action for patent infringement as an all out nuclear war among technology giants. The suit names “Rockstar Bidco” – a group consisting of none other...
5 Oct 2013
The United States Trademark and Patent Office (USPTO) recently refused registrations for trademark filed by the city of Houston, Texas and the District of Columbia, which sought to register marks that included official government seals. The court cited Section 2(b) of the Lanham Act, which prohibits registration of a proposed trademark that consists of or...
15 Aug 2013
Victoria Espinel, intellectual property chief at the White House, has stepped down from her official position as of August 9, 2013. Espinel was the first person to ever serve as the official intellectual property enforcement officer at the White House, a position that was established through Congressional legislation in 2008 but was not filled until...
3 Aug 2013
Wired, one of the preeminent technologically oriented online news sources, has a fascinating article arguing that we need a crowdfunding platform for patents. Writer Samuel Arbesman opens by citing two impressive statistics. One is that every year the citizens of the US spend $40 billion to support technological innovation and research (about two-thirds of this...
31 Jul 2013
I recently visited the annual Orange County Fair for the first time and was very impressed with the array of attractions. Thousands of turkeys barbecued over open flames raising clouds of the essence of summer over the entirety of the fair. A Bubble Roller pool showcased kids zipped up in life sized bubbles and tossed...
22 Jul 2013
The New York Times blog has an article by Joseph E. Stiglitz, revisiting the Supreme Court’s decision on gene patents. As he writes in specific relation to the gene patent case, “the case was a battle between those who would privatize good health, making it a privilege to be enjoyed in proportion to wealth, and...
22 Jul 2013
“I’ve a superb idea that is going to make us rich!” said John G. Hotchkiss, resident of New Haven, Connecticut, from Staffordshire, England. “Really? And what is that my fine fellow?” remarked his compatriot John A Davenport resident of New York, also from Staffordshire. “Well, the simplicity is the beauty of it. Let’s get a...