Intellectual Property News

January 2009 Newsletter

Patent Applications - Written Description Requiremen
One of the most important aspects of the written description is to provide a clear description of the invention for which patent protection is being claimed. The claims of the patent define the boundaries of what is to be protected by a patent, and, in a patent infringement action, the analysis of whether a patent has been infringed will begin with a construction of the claim language to determine whether an aspect of an invention is protected at all. In addition, the written description described within the specification of the patent serves the main objective of patent law by placing within the public domain the knowledge of the invention, including the manner of making, using and practicing the new ideas embodied by the invention. More...

Patent Infringement -- Doctrine of Equivalents
As previously described, when a patent is applied for, the inventor must include a specification, including the written description of the invention. The specification concludes 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 is exceedingly important in a patent application because, in the event of a patent dispute, the language of the claims will define the scope of the patent protection. More...

Trademarks -- Actual versus Intended Use
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods bearing the trademark across a state line in the normal course of business satisfies the "use in commerce" requirement. Token sales made solely to establish trademark use do not constitute legally sufficient "use." More...

Trade Dress Protections
Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the look and feel or total packaging and design of a product. In some cases, the overall look and feel of an item may often serve the same function as a trademark or service mark. The overall look and feel may be used to identify the source of a good or service in the marketplace. Trade dress is protected under the federal trademark laws and in some case More...

Foreign and International Copyright Protection
There is no such thing as an "international copyright" that automatically protects an author's works throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC). Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or whose works were first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under them. More...

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