Intellectual Property Law Blog

Archive for the ‘IP Protection’ Category

SCOTUS Rules Trademark Disparagement Clause Unconstitutional

June 22nd, 2017

The U.S. Supreme Court recently ruled that the U.S. Trademark Office’s refusal to register “The Slants” as a trademark for an Oregon-based rock band was unconstitutional. This is a case the trademark attorneys at Panitch Schwarze have been watching closely, as this landmark decision could reshape U.S. trademark law significantly.

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UPC Update: Surprise UK Elections Likely to Delay Start of Unitary Patent System

June 7th, 2017

As we have discussed previously, European Union member countries are completing the final steps to implement an intergovernmental system that will streamline the process for securing and enforcing patent rights across Europe. Having a simpler, centralized system in place will open up a new patent portfolio management strategy for small and medium-sized IP-driven companies.

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Top IP Cases to Watch in 2017

January 10th, 2017

As 2017 gets underway, here are the top intellectual property lawsuits and legal disputes that we are watching.

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USPTO Closer to Recognizing Patent Agent Privilege?

December 9th, 2016

A key element of our justice system, the attorney-client privilege, was put in place to ensure that every citizen can obtain sound legal advice. Confidences discussed with an attorney in order to obtain legal advice are privileged from discovery in litigation. When it comes to the protection of intellectual property rights, patent attorneys, like all other lawyers, enjoy this privilege with their clients.

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark Office approve or deny trademark registrations on grounds that may limit speech?

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NO PATENT FOR YOU! Can a software-related claim that recites only generic computer elements be statutory under 35 USC 101?

July 21st, 2016

Unlike the infamous Seinfeld “Soup Nazi” episode – in which you could get your soup if you just kept your head down, did not engage in small talk with the owner, or ask for free bread – software inventors are finding it difficult, and sometimes impossible, to obtain patents or enforce their existing patents no matter how novel their inventions are, and no matter how narrow they are willing to claim their invention.

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What Does the Brexit Vote Mean for IP Protection?

July 7th, 2016

As is well known by now, the citizens of Great Britain have chosen to leave the European Union (EU), a move popularly dubbed the “Brexit.” Despite the economic upheaval and media firestorm surrounding the vote, the realm of intellectual property law is unlikely to see any immediate consequences from the Brexit.

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What the UPC Means for Your Patent Strategy

June 16th, 2016

The process for securing patent protection and for enforcing patent rights in the European Union soon will become much simpler, opening up a new patent portfolio management strategy that previously might have been out of reach of many small and medium-sized IP-driven companies.

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Understanding the Three Types of U.S. Patents

June 2nd, 2016

Scientists who are focused on their research in a laboratory may not be thinking ahead to the future business applications of their discoveries. But protecting the intellectual property developed in the lab should be a critical consideration for all scientists, whether they are working solo or are part of a large R&D department at a major corporation.

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Charged with an IP Crime? Your Lawyer Better Know Science as Well as Criminal Law

May 19th, 2016

When federal agents swarmed the home of Temple University physics professor Xiaoxing Xi and charged him with spying for China, scientists across the country better have taken note. This was an egregious case of an alleged IP crime which turned out to be nothing at all. Unfortunately, it is likely to happen again. Scientists and…

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