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[…]
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?[…]
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
Stuffed miniature mascots in cheerleading uniforms. Monthly calendars featuring cheerleaders. Clothing designed to mimic cheerleading uniforms. What do all of these have in common? They are sold in university gift shops and, under the Supreme Court’s latest decision on cheerleading uniforms, they are likely infringing works. The US Supreme Court recently ruled that fashionable 2-D and 3-D Read more about Go, Fight, Win: SCOTUS Says Cheerleading Uniforms Are Functional AND Creative[…]
The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the images without restriction. Entrepreneurs, artists, and business owners can now use and share these images Read more about Free Use Images[…]
One photographer, Carol Highsmith, is suing Getty Images for more than $1 billion for allegedly selling her copyrighted work to the public without permission and with incorrect attribution. In her lawsuit, Highsmith, states that she first learned Getty was selling her copyrighted photographs when one of Getty’s affiliates sent her a cease and desist letter Read more about Using copyright litigation to stop copyright infringement being stolen[…]
The Federal Bureau of Investigation (FBI) has finalized a new policy regarding the use of the FBI Anti-Piracy Warning Seal (APW Seal or FBI Anti-Piracy Seal). The new policy provides a general authorization allowing all copyright holders to use the APW Seal, subject to specific conditions of use. The APW Seal has been generally helpful Read more about FBI Anti-Piracy Seal[…]
The explosive expansion of social media outlets such as Twitter, Facebook, and LinkedIn have given rise to numerous intellectual property issues, including the ownership and value of a “Friend,” “Like” or “Tweet.” A recent case PhoneDog v. Noah Kravitz may address some of these issues. In PhoneDog, a California Court is being asked to determine Read more about Tweets Aren’t Trade Secrets[…]
The Supreme Court’s unanimous ruling in Mayo v. Prometheus was announced yesterday. In the 9-0 unanimous ruling the U.S. Supreme Court ruled that “[L]aws of nature, natural phenomena, and abstract ideas” are not patentable subject matter under §101 of the Patent Act,” citing to Diamond v. Diehr, 450 U. S. 175, 185. “[A]n application of Read more about Unpatentable Natural Phenomena[…]
Summary of Key Provisions and associated Effective Dates On September 16, 2011, President Obama Signed the Patent Reform Act of 2011, (also referred to as AIA or the American Invents Act) into law. The Act made the most significant changes in US patent law since the 1952 Patent Act. The stated purpose was that the Read more about American Invents Act[…]