Copyright Reproduction Rights

The reproduction right is one of the exclusive rights granted to the owner of a copyright by the Copyright Act. Under this right, no one other than the copyright owner may make any reproductions or copies of the work. Under the Copyright Act, the copyright owner has the exclusive right to reproduce the copyrighted work Read more about Copyright Reproduction Rights[…]

Personal Names, Descriptive Terms, and Generic Words

The weakest and least-protected marks are personal names, descriptive terms, and generic words. Distinctive business names usually receive protection under federal and state trademark law. Common or ordinary names usually do not receive protection under federal and state trademark law. Fundamental Requirements of a Trademark Under the Lanham Act, a trademark must meet three fundamental Read more about Personal Names, Descriptive Terms, and Generic Words[…]

Analyzing Patent Claims

Patent claim interpretation is the process of giving proper meaning to the claim language. Claim language defines claim scope. Therefore, the language of the claim frames, and ultimately resolves, all issues of claim interpretation. In determining the meaning of disputed claim terms, however, a construing court considers the written description, the drawings, the prosecution history, Read more about Analyzing Patent Claims[…]

Patent Law: Written Description

One of the most important aspects of the written description is to provide a clear description of ‘for what” patent protection is being claimed, which may consist of several elements, or claims. The claims define the boundaries of what is to be protected by a patent, and, in a patent infringement action, the analysis of Read more about Patent Law: Written Description[…]