Intellectual Property Law Blog

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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The Defend Trade Secrets Act: What IP-Driven Companies Need to Know

May 3rd, 2016

When we wrote recently about trade secrets, we noted that enforcement in the United States fell largely to state laws modeled on the Uniform Trade Secrets Act (UTSA), first drafted in 1979. With its signing in February 2016 of the Trans-Pacific Partnership, though, the United States obliged itself to enact legislation that gives trade secret protections teeth at the federal level.

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Honoring Great American Inventor Lonnie G. Johnson

April 26th, 2016

From the trademark protecting “Star Wars” merchandise to the patent protecting the repositionable adhesive on the Post-It® note, the legal protection of intellectual property drives innovation and fuels our economy.

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How to Respond to a DMCA Takedown Notice

April 15th, 2016

So, you’ve received a Digital Millennium Copyright Act takedown notice. What do you do now? Any company with a website or a blog knows the power of content. Blog posts, photographs, videos, infographics and more are vital components of today’s digital economy – an economy that seems based on the widespread sharing of art, creativity,…

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Saluting “The Most Beautiful Woman” in STEM

January 28th, 2016

Heralded as “the most beautiful woman in the world,” screen legend Hedy Lamarr — who died 16 years ago last week — was much more than a pretty face; she also was a brilliant inventor. One of her inventions, in fact, helped to lay the groundwork for the technology that powers the wireless devices we…

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