Patent Strategies for Growth

A strong intellectual property strategy can provide long-term success. However, there are many misunderstandings about the patent process which can contribute to a weak intellectual property strategy.

Intellectual Property Law Updates

Intellectual Property Updates

Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections.  The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]

Will Artificial Intelligence Impact Inventors and Artists?

Robots as Artists and Inventors Traditional Intellectual Property relies on the notion that humans are the source of innovation and artwork. What happens when a computerized robot becomes an inventor, an author or an artist?  What happens when a human uses a computer with artificial intelligence to develop an invention or work of art?  Is Read more about Will Artificial Intelligence Impact Inventors and Artists?[…]

Block Chain Patent Applications face familiar hurdles

Bitcoin and Block Chains Over the past several years, blockchain and block chain technologies, like Bitcoin and Ethereum have been the latest examples of disruptive technologies.  A disruptive technology is a technology which has the potential of shaking up established businesses and forming the basis of brand new innovations.  Block Chain is talked about as Read more about Block Chain Patent Applications face familiar hurdles[…]

Potato Dispute over Plant Patent in India

Plant Patent Protection Pepsi has sued four farmers in India for growing potatoes which are protected in India under the Protection of Plant Variety and Farmers Right Act (PPV).  The PPV was enacted in 2001 and was supposed to be pro farmer.  Under the PPV, registration of a plant variety provides exclusivity to produce, sell, Read more about Potato Dispute over Plant Patent in India[…]

Trade Dress Protection

101 Series – Trademark Licensing and Franchising

As part of running a business, business owners occasionally need to license their trademarks.  Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark.  However, if done wrongly, a trademark license can accidentally create a franchise.  In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]

Caution – Cease and Desist Letter

As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark.  What do you do if you find someone is violating your patent rights, for example?  Do you file a lawsuit immediately?  Do you contact the police?  Do you contact Read more about Caution – Cease and Desist Letter[…]

Buying or Selling Counterfeit Merchandise

Counterfeit Merchandise The sale of counterfeit goods is skyrocketing in the U.S. and around the world.  Every day someone sells a knock-off product on eBay losing billions of dollars in potential sales from legitimate brand owners and also eroding their intellectual property rights.  Globally, the economic impact of counterfeiting and piracy are projected to reach Read more about Buying or Selling Counterfeit Merchandise[…]

Protecting eSports Copyright and Trademark

In 2018, the eSports market was valued at nearly 865 million dollars and some experts expect its value to exceed 1.79 billion dollars by 2022. The majority of this revenue is expected to come in the form of sponsorship and advertising dollars. Some will come in the form of betting, prize money, merchandise, and ticket Read more about Protecting eSports Copyright and Trademark[…]

Recent Supreme Court On-Sale Bar Case

On January 22, 2019, the Supreme Court ruled that a commercial sale of a chemotherapy drug to a third party who agreed to keep the invention confidential, was enough to trigger the On-Sale Bar and prevented the inventor from suing for patent infringement. The sale of the invention placed the invention “on sale” and because Read more about Recent Supreme Court On-Sale Bar Case[…]