Intellectual Property News

February 2007 Newsletter

Patentability of a Method of doing Business
A Method of doing business was not traditionally patentable. However, in the latter part of the 20th century, there was a slow realization that the basis for rejecting business-method patent applications was not because the invention to be patented was a business method but because the subject matter of the application did not meet the fundamental requirements for patents such as novelty and non-obviousness. 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 were inherently unpatentable. In 1998, the U.S. Court of Appeals for the Federal Circuit, ruled that business methods could be patented if they produce a "useful, tangible, and concrete result." If you have a new and novel method of conducting business, contact one of our patent attorneys to discuss the potential patentability of your business method. More...

Protecting your Patent against Infringement
When a patent is applied for, the inventor must include a specification, concluding with a claim or claims that particularly point out and distinctly claim the subject matter that the applicant asserts to be the invention to be patented. One of the purposes of claims is to put the public on notice as to what inventions have been patented and may not be patented again. Therefore, the language of claims determines the scope of the invention and is used in a patent dispute to determine what is protected. However, even if the claim does not specifically cover a potential infringer, the courts may use an equitable doctrine called "Doctrine of Equivalents" to protect the patentees rights. If you believe someone has infringed on your patent you should contact one of our patent attorneys to determine if your patent is being infringed. More...

Protecting Ordinary Words as Trademarks
To be treated as a trademark a mark must have a certain quantity of distinctiveness. A mark that is not inherently distinctive or descriptive is entitled to legal protection only if the mark acquires a secondary meaning that distinguishes the goods/services it represents from the goods/services of another. A descriptive mark that is initially unregistrable may achieve trademark status and be registrable after sufficient use has been made to prove secondary meaning. If you are using a descriptive word in connection with your goods or services, contact one of our trademark attorneys to review wether your mark may be registrable. More...

Protecting Trademarks Internationally
With the advent of a global economy, foreign trademark protection is important. The need to obtain, maintain, and enforce trademark rights on a multinational basis is becoming imperative because many United States companies look to markets beyond the country's borders. Unfortunately, obtaining and maintaining trademark rights abroad is often a time-consuming, costly, and complicated process. Further, the enforcement of such rights in some countries is virtually nonexistent. If you would like to review protecting your mark on a global scale, contact one of our trademark attorneys to review the strategic considerations involved in international trademark protection. More...

Copyright Infringement Online
With the advent of the internet, the ability and frequency which online content is copied or otherwise unlawfully reproduced has increased. In addition to content, photographs, movies, sound recordings and other copyright works are also being unlawfully reproduced and used by competing websites or by other internet users. However, with recent legislation, copyright owners may be able to shut down the infringing websites through the Online Copyright Infringement Liability Limitation Act (OCILLA). If you believe someone has taken your copryighted or copyrightable works contact one of our copyright attorneys to review enforcing your legal rights. More...

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