Intellectual Property News

August 2006 Newsletter

Patenting an Invention

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, and one of the most difficult determinations that is required to be made in assessing a patent application is whether an invention is non-obvious. If you have an invention which you would like to patent, contact one of our patent attorneys to review the legal requirements for patentability.

Patenting a Business Method
The federal patent statute allows an inventor to obtain a patent for a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." There is no provision in the patent statute for business methods, and the United States Patent and Trademark Office for decades explicitly rejected business-method patent applications based on a turn-of-the century judicial rejection of a patent for a method of cash-register accounting to prevent fraud by waiters. Much of the rejection of business-method patents was based on the conclusion that the methods and systems sought to be patented were abstract ideas without tangible manifestation; however, that analysis evolved into a doctrine that business methods were inherently unpatentable.

Recently, the Supreme Court has changed this view and is now allowing patents on Business Methods. If you believe you have a new and useful method of doing business, contact one of our patent attorneys to discuss patenting your invention. More...

Deceptive and False Trademark Advertising
Any advertising which is misleading in any material respect is considered false advertising. An advertisement is considered misleading if it fails to disclose facts that are important in light of what is stated in the advertisement or facts that are relevant in the light of the customary use of the product. The Federal Trade Commission (FTC) has the statutory power to cancel trademarks it finds constitute false advertising. If you have questions about any advertising which may be false, please contact one of our Trademark Attorneys to review your legal rights. More...

Using Experts in Trademark Infringement Suits
There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert's methods are not based on sufficient facts or data, are not reliable, or are not applied reliably to the facts of the case. Before initiating a Trademark Infringement suit, schedule an appointment with one of our litigation attorneys to discuss using experts in trademark disputes. More...

Preforming a Copyright Work
Under the Copyright Act, to perform a copyrighted work means "to recite, render, play, dance, or act it, either directly or by means of any device or process." "Performing" a motion picture or other audiovisual work means "to show its images in any sequence or to make the sounds accompanying it audible." The Copyright Act defines the term "publicly perform" to mean "to perform or display [a copyrighted work] at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." "To perform or display" includes to broadcast at a place open to the public. Therefore, performances in concert halls, theaters, restaurants, bars, nightclubs, and other common public facilities are covered by the exclusive right of performance, whether the performance is live or broadcast to the public place, while the viewing of a movie in a private home is not a public performance and thus is not covered by the right of performance. If you have questions about the performance of a copyright work, contact one of our attorneys to review your performance rights under the Copyright Laws. More...

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