Intellectual Property News

March 2006 Newsletter

Patenting Old Inventions?

A patent gives an inventor a right to exclude others from making, using, or selling the patented invention for a certain period of time. Patents are a form of property right that is granted by federal patent law, which is administered by the United States Patent and Trademark Office USPTO. The main objective of patent law is not to reward inventors but rather to promote the advancement of science and technology through the disclosure of new ideas. Accordingly, there are several requirements for an invention to be eligible for a patent, and one of the most difficult determinations that is required to be made in assessing a patent application is whether an invention is non-obvious.

If you have an invention, which you believe is new, useful, of statutory subject matter and non-obvious you should contact one of our patent attorneys to consider your patent options.

Patent Claims -- What and Why?
An applicant for a complete patent must include in the specification one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his or her invention. Patent claims serve two functions. First, they define the invention for the purpose of applying the conditions of patentability, the statutory bars, and the disclosure requirements. Second, they define the invention for the purpose of determining infringement. If you would like to discuss what claims may be appropriate for your complet patent application, contact one of our patent attorneys to schedule an appointment. More...

Types of Damages re: to Trademark Infringement
The monetary remedies available in trademark infringement actions are based on the actual damages suffered by a trademark owner. The damages may include profits lost to the infringing activity and may be trebled where the infringement was intentional. If you believe your trademark or service mark have or are being infringed, please contact one of our trademark attorneys to review your legal rights and which form of damages may be available to you. More...

False Advertising related to Trademarks

If a trademark is being used in a misleading or false way, such as false advertising, the Federal Trade Commission (FTC) can cancel the trademark(s). Any advertising which is misleading in any material respect is considered false advertising. An advertisement is considered misleading if it fails to disclose facts that are important in light of what is stated in the advertisement or facts that are relevant in the light of the customary use of the product.

Copyright Related to Fine Art
It is often necessary for employers to make confidential information, including trade secrets, accessible to their employees. Employers certainly want to protect trade secrets from leaking to competitors, so they often make employees sign confidentiality agreements as a term of employment. The question is: what happens to trade secret information More...

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