Intellectual Property News

September Newsletter

Patenting Non-Obvious inventions
A patent gives an inventor a right to exclude others from making, using, or selling the patented invention for a certain period of time. Patents are a form of property right that is granted by federal patent law, which is administered by the United States Patent and Trademark Office USPTO. The main objective of patent law is not to reward inventors but rather to promote the advancement of science and technology through the disclosure of new ideas. Accordingly, there are several requirements for an invention to be eligible for a patent, including it must be new, useful, of patentable subject matter, and non-obvious. Useful and patentable subject matter is generally easy to determine. With research one may determine if the invention is likely to be new. However, it is more difficult to determine if the invention non-obvious. If you have an invention and would like to determine if is patentable, call or email to schedule a meeting with one of our patent attorneys. More...

Determining Foreign Priority
One of the trickiest aspects of patent applications, particularly in the international context, is establishing the priority of patent rights. Rules applying to priority differ starkly between the United States and many foreign countries. This based in part on the fact that the United States currently has a "first-to-invent" rule, most other countries employ a "first-to-file" rule. Further complicating the issue of priority is the fact that, in the United States, an inventor may publicly disclose an unpatented invention and will have a year to file for a patent. In many foreign countries, any public disclosure of an invention renders it ineligible for a patent. Thus, a U.S. inventor might be able to obtain a U.S. patent but be ineligible for patent protection in other countries even though U.S. patent rules were correctly followed. Prior to publicly disclosing your invention, you should consider scheduling a meeting with one of our patent attorneys, to discuss foreign priority and its impact on your patent rights. More...

Using Trademarks Fairly
In light of Donald Trump and Paris Hilton's attempt to monopolize a common phrase, (such as "Your Fired" or "That's Hot") which is used by the public in non-trademark way, it may be useful to review how one can use a trademark without running a-foul of these well known celebrities' rights. Under US law, a party may use a trademark in such as way as to describe the qualities that a mark represents as long as the use is not in a trademark way, but is only used in a descriptive, comparical, nominal, parody or satirical sense. Under trademark law, fair use of a trademark occurs when a defendant uses a descriptive trademark, of another party, in connection with the defendant's own product. If you are being accused of or have questions related to the use of the registered trademark by another, you should schedule a meeting with one of our experienced trademark attorneys. More...

Improper Use of another's Trademarks
Continuing with this month's theory of improper use, under trademark law, one can improperly use a trademark or service mark under a legal theory referred to as passing off. In "passing off," a seller associates another party's mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into thinking that the activity is associated with a first business and as a result the first business suffers some damage, then it may be possible for the first business to sue the second business for passing off. One area where passing off might apply is where a second person uses an unregistered trademark normally used by a first person and in so doing passes off, or represents, goods or services in such away that the public is deceived into thinking the goods or services are being offered by the first person. If you are concerned that you or someone else is improperly using your service or trademark, contact one of our attorneys to review the proper and improper use of trademarks. More...

Plagiarism under Copyright Law
A copyright holder has the exclusive rights to reproduce, display, transmit, perform, and modify a work as well as the right to publicly perform a sound recording by digital transmission. There are exemptions in the Copyright Act that provide for certain exceptions to those exclusive rights, many in favor of limited nonprofit educational purposes. If none of the exemptions apply, the proposed use of someone else's copyrighted work will probably be copyright infringement. If proper attribution is required and is missing, the proposed use will also be plagiarism. Copyright laws prohibit plagiarism. If you have questions about the use of another's work or if someone is improperly using your work, contact one of our experienced copyright attorneys. More...

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