One of the most important aspects of the written description is to provide a clear description of the invention for which patent protection is being claimed. The claims of the patent define the boundaries of what is to be protected by a patent, and, in a patent infringement action, the analysis of whether a patent Read more about Patent Applications – Written Description Requirement[…]
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[…]
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[…]
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[…]
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[…]
Although United States copyright laws originally contained no criminal liability provisions, the 1897 revision to the Copyright Act made it a misdemeanor to unlawfully perform dramatic or musical works for profit. In later revisions, additional sections were added for the infringement of other types of copyrightable works. Although leaving unchanged the one-year imprisonment penalty established Read more about Copyright Piracy and The NET Act of 1997[…]
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 when an employee is discharged Read more about Dilution of Trademarks[…]
A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services. A trademark may be a word, name, symbol, or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the Read more about Using Sound as a Trademark[…]
A patent is a right granted under U.S. law that allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the patented invention and without the inventor’s permission for a fixed term. Generally, this term extends for 14 years for a plant patent; 20 years for other types of Read more about Unenforceable Patents[…]
Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has created two sets of laws to implement the object of this provision: copyright laws protect Read more about Requirements for Applying for a Patent[…]