Intellectual Property News

March 2008 Newsletter

Infringement of Patents
Patent rights give an inventor the right to exclude others from making, selling, importing, or otherwise profiting from an invention without the inventor's permission. Doing so is considered an infringement on the rights of the patent holder, and he or she may be able to recover a remedy against the alleged infringer. If you believe someone is wrongfully making, selling or otherwise profiting from your patented invention, contact one of our Patent Attorneys. More...

Reexamination of a Patent
After a patent is issued by the United States Patent and Trademark Office (USPTO) and especially common as a defense in an infringement context, is the discovery of prior art or publications not reviewed during the patent prosecution period. Prior patents or publications may raise questions as to the validity of the issued patent. In such a case, a patentee or a third party may file an application for reexamination of the issued patent in the USPTO. As a procedural benefit, a reexamination request may provide a lower cost alternative to a conventional lawsuit for challenging the validity of the issued patent. If you believe an issued patent has questionable validity, please contact one of our Patent Attorneys to review the prior art and the issued patent. More...

Trademark Registration
While it is not necessary to register a trademark, owning a federal trademark registration provides many benefits. Such a registration puts the public on notice to the registrants claim of legal ownership of the mark and its ability to enforce its rights to the mark in federal court. Registering a trademark can also serve as a basis for obtaining registration in foreign countries and the ability to prevent the importation of infringing foreign goods by filing the U.S. registration with the U.S. Customs Service. If you are interested in obtaining a trademark, contact one of our attorneys for more information. More...

Trademark Law
The "(r)"or "®" may be used if a trademark is registered with the United States Patent and Trademark Office (USPTO). The "TM" symbol may be used for a product that is not yet registered with the USPTO. The "SM" symbol may be used with a service that is not yet registered with the USPTO. These various symbols provide notice to others that you have and are claiming a legal right to the mark associated with the symbol. If you have questions about using a symbol or obtaining a trademark for your product or service, contact one of our trademark attorneys to schedule an appointment. More...

Copyright and Best Edition
The copyright law requires that during the copyright application process, copies deposited in the Copyright Office be of the "best edition" of the work. The best edition of the work is the edition the Library of Congress determines is the most suitable for its purpose. If you have further questions about copyright law or are interested in applying for a copyright, contact one of our copyright attorneys for more information. More...

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