Intellectual Property News

May 2008 Newsletter

Multiple Inventions Within a Single Patent
A patent application may contain claims to more than one invention. If an application contains claims to more than one invention, the United States Patent and Trademark Office (USPTO) may impose a restriction requirement. The applicant must then elect which one of the inventions should remain within the current application. However, if you choose not to pursue claims to one of the invention, you may file a continuation application, called a divisional, directed toward the nonelected invention(s). If you have questions about filing for a patent, contact one of our patent attorneys for more information. More...

Remedies for Patent Infringement
Under theories of patent infringement, there are no criminal penalties, but civil remedies are available in the United States under federal law. There are several forms of relief available to the patent owner who has successfully proven patent infringement. In such a civil action, the courts may afford either or both of two basic remedies -- a judgment for monetary damages or an injunction. An injunction may be either preliminary or permanent. To recover damages, a patent owner must prove either the infringer was notified of the infringement and continued to infringe or if the patented device contianed a patent notice. Infringement remedies are only available for infringements that occur during the life of the patent. If you think your patent may have been infringed upon, contact one of our patent attorneys to discuss your case in more detail. More...

Trademark Dilution
In general, trademark infringement liability occurs when a mark is used in a way to create consumer confusion. This occurs when the mark or a similar mark is used in a way that is likely to confuse the public into incorrectly believing that the trademark owner is the source or sponsor of another’s products. However, Trademark dilution liability occurs when a competitor’s mark is used in a way to dilute the value of the Trademark. Anti-dilution laws are intended to enable trademark owners to prevent the gradual weakening or whittling away of the strength of the Trademarks, through blurring or tarnishment, even if the public is not likely to be confused. If you have questions about this or any other aspect of filing for a trademark, contact one of our trademark attorneys for more information. More...

Trademark Licensing
A trademark license is a contractual arrangement whereby a trademark owner permits another to use the owner's trademark under circumstances where, but for the license; the other would be a trademark infringer. However, such a license is unnecessary where the use of the mark would not infringe, such as where the other user is merely a re-seller of the trademarked product. If you're interested in licensing your trademark, please contact one of our trademark attorneys for more information. More...

Online Copyright Infringement
Copyright infringement is a growing concern for businesses or individuals with an internet presence. In order to prevent onging infringement, a take down request may be sent to the infringing party adressing the infringement. In addition to the owner of the website, the online service provider (OSP) may also be liable for the display of the infringing material. Congress enacted a safe harbor within The Online Copyright Infringement Liability Limitation Act (OCILLA) to OSPs who promptly take down content once they have received notice that they are infringing another's copyrights. The takedown request is a powerful device for the protection of copyright on the Internet. If you have questions about copyright infringement, please contact one of our copyright attorneys for more information. More...

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