Protecting Patent Rights Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts,
The Doctrine of Intervening Rights A patent is issued for a fixed term–14 years for design patents; 20 years for other types–during which the patent
Copyright and Fair Use The United States Copyright law represents a bargain between creators and the public. Congress granted certain exclusive rights to creators
Patents with Distinctive Claims When filing a patent, a patent application must include one or more claims which particularly point out and distinctly claim
Protecting Trade Names Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion
Protecting Slogans No Copyright Protection for Slogans The United States Copyright office regulations do not allow for copyright registration of “short phrases”
Improper Use of a Trademark Continuing with this month’s theory of improper use, under trademark law, one can improperly use a trademark or service mark
Non-Obviousness requirement of Patents A patent gives an inventor a right to exclude others from making, using, or selling the patented invention for a
Confronting Consumer Confusion The hallmark of Trademark law is consumer confusion. The law protects the use of a mark in business from other
Copyrighting Architectural Works The owner of a copyright has several exclusive rights to the copyrighted work, including the exclusive right to prepare derivative