Intellectual Property Law Knowledge Center

Denying IPR Based on Third Party Litigation Not a Due Process Violation

March 16th, 2021

A decision from the Federal Circuit published March 12, 2021 upheld a Patent Trial and Appeal Board (PTAB) order denying institution of an inter partes review (IPR) because a district court case not involving the petitioner was imminently headed to trial.

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USPTO Offers Additional Relief to Plant Patent Applicants Due to Pandemic

February 4th, 2021

The ongoing COVID-19 pandemic caused significant changes to the manner in which businesses must operate, including patent offices around the world and the businesses and law firms that file patent applications.

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Plant IP 101: Understand the various options so you can provide basic advice to clients in this complex area of IP law

February 3rd, 2021

There are a number of different types of protection that can be used to protect a novel plant cultivar – Plant Patents, USDA Plant Variety Protection (PVP), Utility Patents directed toward a particular variety, foreign Plant Breeder Rights (PBR), Trademarks, etc.

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2021 IP Trends: Global Patent Officials Must Decide Whether AI Can Be an Inventor for Purposes of Patent Protection

December 22nd, 2020

Artificial intelligence is being used more and more to develop new inventions without human aid. But as AI capabilities increase at a rapid pace, patent offices around the world face a crucial question: can AI be an inventor for purposes of patent protection?

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As Cannabis Industry Moves Toward Full Legalization, IP Protection Becomes a Crucial Business Strategy

December 9th, 2020

Cannabis legalization in one form or another was on the ballot in five states – Arizona, Mississippi, Montana, New Jersey, and South Dakota – and passed in all of them.

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Trademark Fee Increases

November 23rd, 2020

The United States Patent and Trademark Office (“USPTO”) will be enacting several trademark fee adjustments, effective January 2, 2021. We will see significant increases in application filing fees, maintenance and renewal fees, and Trademark Trial and Appeal Board (“TTAB”) fees.

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Don’t Forget About Design Patents

November 9th, 2020

Say you have a great new invention. What is one major thing you need to do before releasing it to the world and making your millions? Get a patent! Don’t stop there, though. In many cases, it makes sense to get a design patent in addition to a standard utility patent.

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Federal Circuit Clarifies Hatch-Waxman Venue

November 6th, 2020

So you want to bring your Hatch-Waxman suit and find a, perhaps, more favorable jurisdiction – like your own.  Yesterday, the Federal Circuit undercut that possibility for many actions brought against ANDA filers.

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Copyrights: Protect Yourself and Respect Others

September 15th, 2020

Copyright is a dangerous legal minefield for organizations, particularly with so many copyrighted works readily available for employees to unthinkingly cut, paste and use improperly for company marketing purposes.

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Typing (Yes, Typing) Tips in Intellectual Property Law

September 8th, 2020

Here are a few quick tips on typing IP-related characters in Microsoft Word and Outlook, and a tip on pasting that is not IP-specific but is worth knowing.

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