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Archives for the ‘Intellectual Property Law’ Category

USPTO Proposes Increased Patent Fees

By Scott Cleere • Apr 6th, 2012 • Category: Intellectual Property Law

The USPTO released their proposed fee increases for the next fiscal year. Though most of the increases are moderate, there are some significant increases:



USPTO Announces Pilot for Responses After Final Rejection

By Scott Cleere • Apr 5th, 2012 • Category: Intellectual Property Law, Newest Post

The United States Patent & Trademark Office (USPTO) announced a new test program for handling applicant response filed after a final rejection. Under current law, an applicant does not have the right to amend a patent application, including the claims, after a final rejection. Under current practice, an amendment submitted after [...]



Copyright Termination Rights Can Affect Estate Planning

By Elizabeth T Russell • Feb 11th, 2012 • Category: Intellectual Property Law, Newest Post

I recently developed a short presentation for estate planners and copyright owners, describing the effect that copyright termination rights can have on a copyright owner’s estate plan.
Never heard of copyright termination rights? Here’s the digest version. Someone who transfers a copyright during life can later un-do the transfer and get the copyright [...]



Protecting Trademarks from the .xxx Domain

By Elizabeth T Russell • Sep 26th, 2011 • Category: Business Law, Intellectual Property Law, Newest Post

Synopsis
The owners of trademark registrations issued before September 1, 2011 have a short window of time within which to block others from registering their trademarks as .xxx domains.
Background
ICANN (the Internet Corporation for Assigned Names and Numbers) is the nonprofit organization charged with coordinating the internet’s naming system. As [...]



U.S. District Court Declares False Marking Statute Unconstitutional

By Scott Cleere • Mar 4th, 2011 • Category: Intellectual Property Law, Newest Post

Unique Product Solutions, Ltd. v. Hy-Grade Valve, Inc. (N.D. Ohio Feb. 23, 2011)
U.S. District Court Judge Dan Polster ruled that the qui tam provision of the patent false marking statute (Title 35 U.S.C. § 292) unconstitutional under the Take Care Clause of Article II. The Court concluded, in pertinent part:

Applying the Morrison “sufficient control” analysis [...]



USPTO Releases More Information on Three-Track Examination Initiative

By Scott Cleere • Feb 8th, 2011 • Category: Intellectual Property Law, Newest Post

The U.S. Patent & Trademark Office released additional details on February 2, 2011, regarding their recently proposed “Three-Track” patent examination initiative. The PTO is seeking public comments for a 30 day period beginning with the proposals forthcoming publication in the Federal Register.
In its original proposal, published in June 2010 (75 Fed. Reg. 31,763), the Patent [...]



An Emerging Patent Boom?

By Scott Cleere • May 26th, 2010 • Category: Intellectual Property Law, Newest Post

Dennis Crouch’s Patently O blog recently reported on the record increases in both the number of patent issuing and increases in the allowance rate (i.e., percentage of concluded applications that were allowed). In fact, the last three weeks have seen the highest number of issued patents in any three-week period in U.S.P.T.O. history. In [...]



Court Limits Scope of Fraud on the PTO in Trademark Cases

By Scott Cleere • Sep 1st, 2009 • Category: Intellectual Property Law, Newest Post

The Court of Appeals for the Federal Circuit ruled yesterday that fraud on the U.S. Patent and Trademark Office (“PTO”) requires proof of actual intent to deceive, which may not be inferred merely because a trademark applicant made a misstatement that it should have known was false. The court held that “a trademark is [...]



Supreme Court to Review Scope of Patentable Subject Matter

By Scott Cleere • Jun 2nd, 2009 • Category: Intellectual Property Law, Newest Post

The U.S. Supreme Court agreed to review the en banc decision of the Court of Appeals for the Federal Circuit in In re Bilski (545 F.3d 943). In that decision, the Federal Circuit rejected its previous “useful, concrete and tangible result” test for patentable subject matter articulated in State Street (149 F.3d 1368). Finding [...]



Copyright: Consultant Training Materials

By Elizabeth T Russell • Mar 24th, 2009 • Category: Intellectual Property Law, Newest Post

Situation Management Systems, Inc. v. ASP Consulting LLC was decided by the First Circuit Court of Appeals on March 19, 2009. The decision has implications far beyond the dispute of the parties; it affects the copyright expectations of the more than $100 billion management training industry in the United States. Bottom line: this decision supports [...]