Intellectual Property News

March 2010 Newsletter

Requirements of a Patent
Patent protection is provided through a registration with the United States Patent and Trademark Office (USPTO). Once registered, a patent gives a patent owner the right to exclude others from making, using, selling, distributing or importing the subject of the patent for a certain period of time. However, only certain things may be patented, and there are several requirements that an invention must meet in order to be eligible to receive patent protection. One of the most basic requirements is novelty, or newness. The purpose of the novelty requirement is to prevent the patenting of inventions which are known and used and thus, which are said to have entered the public domain. In addition, the novelty requirement also carries out the general principle that the first person to create an invention is entitled to patent it. 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...

Patent Infringement Litigation
A patent gives the patent owner the right to exclude others from using the invention. If another person or company makes, uses, sells, offers for sale the invention claimed in the patent, that other person or company is said to be infringing on the patent rights of the patent owner. The patent owner in such a situation may wish to have the infringing conduct stop or may wish to receive compensation for the infringing conduct. Because the United States Patent and Trademark Office (USPTO) has neither jurisdiction over a patent once it issues nor can they enforce any rights with regard to patent, the patent owner may sue the infringer in court. As a defense, the non-patent owner may wish to challenge the validity of the patent issued by the USPTO. If you feel you have rights that are being infringed, you should consider scheduling a meeting with one of our patent attorneys. More...

Trademark Priority Rights
In the United States, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. To help determine if a Mark is available for protection or to help register your Mark, please contact one of our Trademark Attorneys. More...

Damages in Trademark Litigation
Trademarks are symbols such as logos and brand names used to identify products and services and are frequently a company’s most valuable asset.. In such a suit, recovery for the harm suffered by the unlawful trademark use can be problematic. To help navigate through the complexity of documenting and proving the economic and non-economic damages suffered as a result of such acts, a trademark expert witness or a trademark infringement expert witness may be engaged. Trademark infringement can causes significant damage, requiring the services of a trademark expert witness. If you have questions about this or any other aspect of trademark protection, contact one of our trademark attorneys for more information. More...

Best Edition and Copyright Law
Under copyright law, copies or phonorecords deposited in the Copyright Office must be the "best edition" of the work. The best edition of the work is the edition that the Library of Congress determines is the most suitable for its purposes.Contact a copyright specialists at The Intellectual Property Center for more information. More...

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