Intellectual Property News

July 2005 Newsletter

Is my Business Method or Process Protectable?
Historically, a method or process of doing business was considered unpatentable, even if that process was otherwise useful, new and non-obvious. However, over the latter part of the 20th century, there was a slow realization that the basis for rejecting business method patent applications was because the process or method was not novel or was obvious, not because the invention was related to a process or method. In fact, with the widespread use of computers and the development of business methods involving computers, courts were forced to reexamine the question of whether a business method could be patented or, as they had been historically treated by the USPTO, were inherently unpatentable. In 1998, the federal court in the United States which hears all appeals of patent decisions ruled once and for all that business methods could be patented if they produce a "useful, tangible, and concrete result." In the reaching that decision, the Court concluded that a system that used a computer to calculate a mutual fund share price from a complex set of parameters was not an abstract idea but rather was within the statutory subject matter which qualifies for patent protection, namely a machine--embodied by the computer--that produced a useful result--the share price. If you believe you have invented a new, non-obvious method or process which qualifies for patent protection, schedule a meeting with one of our patent attorneys before your time runs out. Remember, even if you have an inventive process or method, you must file for protection quickly or risk losing your patent rights forever. More...

What about International Patent Protection?
A patent issued by the United States Patent and Trademark Office (USPTO) provides patent protection to an inventor only within the United States. Because each country has its own patent laws, other countries do not provide patent protection to a U.S. patentee, nor does the United States provide patent protection to a foreign patentee. Originally, if a U.S. inventor wished to obtain patent protection in other countries, he or she was required to obtain patents from each country in which patent protection was desired, which obviously entailed substantial time and expense. Eventually, however, international cooperation helped streamline the process of obtaining patents in other countries in many cases. If you are considering international protection for your invention, your patent application may be filed pursuant to the Patent Cooperation Treaty to faciliate patent protection in many countries around the world. If this is of interest, you should schedule a meeting with one of our PCT specialists, at your earliest convienance, to discuss different filing strategies. More...

Is Somone Squatting on Your Domain?
While conducting business in today's electronic age, it is common for a company to have an interest in a domain name which includes a phrase related to the company's brand identity. However, sometimes that name has already been acquired by an individual for the sole purpose of ransoming it off to the highest bidder. As part of the Intellectual Property and Communications Omnibus Reform Act of 1999, on November 17, 1999, Congress enacted the Anticybersquatting Consumer Protection Act (ACPA). It amends the Lanham Act by adding a new paragraph. The new section provides trademark owners with a civil remedy against cybersquatting, which is the registering of others' trademarks as domain names and profiting from the sale of those domain names or traffic through the site. If you believe someone is cybersquatting your domain name, contact one of our knowledgable attorney's to discuss protecting your proprietary brand identity. More...

Secrets of your Business are Protectable
Trade secrets are information that companies keep secret to give them an advantage over their competitors. Patents and Copyrights must be disclosed to be protected while Trade Secrets are protectable because they are not disclosed. While one of the most familiar examples of a trade secret is the formula for Coca-Cola, trade secret also protects customer identities and preferences, vendors, product pricing, marketing strategies, company finances, manufacturing processes and other competitively valuable information. However, to qualify for protection, it is important to adequately safeguard trade secrets. In order for a trade secret litigant to secure court assistance in any jurisdiction so that its rights may be enforced, there is a fundamental requirement that the litigant must prove that the company exercised reasonable safeguards to protect secrecy. If you would like to discuss ways to maintain the value in your trade secrets, please call to schedule a meeting with one of our attorneys. More...

Copyright, e-Commerce and the DMCA
The Digital Millennium Copyright Act of 1998 (DMCA) was developed in part for the purpose of formulating national policies relating to protecting some emerging computer technologies in order to optimize the United States' competitiveness in world markets and enhance the growth of the American economy in general. More...

Stay in Touch

Sign-up to receive the latest Intellectual Property News in your inbox with our free monthly Email newsletter. Send an email to editor@theIPCenter.com with your email address. Instructions to unsubscribe are included in every Newsletter.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.