Intellectual Property News

April 2006 Newsletter

Patenting Business Methods
It was the growing use of computers in business that forced the courts to decide once and for all in 1998 whether business methods could be patented, and indeed, many patented business methods involve the use of computers to do business on the Internet, sometimes referred to as "e-commerce." The aftermath of the 1998 court decision was a flood of business-method and e-commerce patent applications, which quickly created problems for the United States Patent and Trademark Office (USPTO). Because of the vast amount of information available on the internet regarding a particular invention as well as a number of other ways which a particular process or method may be disclosed, (which may reveal that a particular method is not new i.e. "prior art"), it was very difficult for patent examiners to review and determine whether an invention was in fact new. If you believe someone has attempted to patent a process or method which you believe has been in use prior to 12 months before the patent was filed or if you believe you have a new and unique business-method which has not been in use for more than 12 months, please contact one of our patent attorneys to discuss business-method patents. More...

Patenting Multiple Inventions in One Application

Under US laws, a patent application may only be directed to a single invention. If a patent application contains claims to more than one independent and distinct invention, the United States Patent and Trademark Office (USPTO) may impose a restriction requirement on the applicant to separate out the inventions. The applicant must then elect one invention for prosecution in the original application and may file new, divisional applications claiming the other, "non-elected," inventions. Restrictions are imposed to maintain the patent classification system, the examination process and to prevent an applicant from filing an application covering several inventions while only paying for one. If you would like to file a patent application covering different aspects of an invention, please contact one of our experienced patent attorneys to prepare your patent application.

Protecting Distinctive Scents
While some clients may joke that an attorney is motivated simply by the smell of money, smells are no joking matter for some innovative businesses, they mean money. As decided by the Trademark Trial and Appeal Board, in a landmark decision, Distinctive fragrances are eligible for federal trademark registration. The Trademark Trial and Appeal Board, has ruled that there was no reason why a fragrance was not capable of identifying and distinguishing certain types of products. In fact some products are readily identifiable by their scents. Thus, the Board allowed registration of an arbitrary, nonfunctional scent for sewing thread and embroidery yarn and for a nonfunctional scent in certain types of oil. If you believe you may have a distinctive, non-functional scent which may qualify for protection, contact one of our trademark attorneys to review registration of your scent. More...

Protecting Trademarks on the Internet
A Trademark may be used within a domain name such as www.Pepsi.com or www.Kraft.com. If the use of the domain name incorporates a trademark of another, or if the web site content associated with the domain name unlawfully and illegally utilizes the trademark or service mark of another, the domain maybe transferred or cancelled under the rules of the Internet. If you believe someone is unlawfully using your brand name, trademark or service mark in association with a web site, contact one our attorneys to review your legal options to protect your brand.
More...

Copyright vs. Patent on Computer Programs
A popular question regarding Computer Programs is how should they be protected, with a Patent or a Copyright? Generally, it depends on what aspects need protection. If the graphical or textual elements, including the source code need protection, copyright. However, if the functional aspects of the program need protection, then patent protection should not be overlooked. The differences between the two types of protection are great as is the cost difference, but both should be considered by developers of new computer programs. If copyright protection is being considered, it should be done so before or shortly after the initial publication. If patent protection is being considered, it should be considered within the first twelve (12) months of sell or public display of the program. Failure to timely protect your computer program may have a devastating impact. Contact one of our experienced attorneys to review the time limits and various benifits of protecting your program with a patent or a copyright. 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.