Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Intellectual property law enables individuals to claim exclusive rights and financial gain from what they invent or create, which is a benefit to both creators and the public. With its foundation in human ingenuity, it should be no surprise that for the intellectual property professional, work days cannot be characterized as dull or boring. To state that another way, intellectual property law is unendingly interesting,
The Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office. It was established to allow the domestic registration of trademarks that do not meet all the requirements for registration on the Principal Register, so that the holders of such a mark could register it in another country. This is necessary because under the Paris Convention for the Protection of Industrial Property, foreign registration is not permitted in the absence of domestic registration, and the trademark laws of countries outside the United States
Small technology companies often lack sufficient funds to enforce their valuable patents and other intellectual property rights. But one little-known solution is abatement insurance. An abatement policy, sometimes called an enforcement or pursuit policy, reimburses litigation expenses to enforce patents, trademarks and copyrights against alleged infringers.
Abatement policies frequently include a self-insured retention (SIR) limit akin to a deductible that the company must pay out-of-pocket before the policy kicks in. In addition, there is a co-insurance obligation, typically 10 to 25 percent of litigation costs. Policy terms typically range from one
Changes in patent law have made patent infringement cases more favorable to defendants.
…First, the America Invents Act (AIA) makes post-grant review proceedings available to challenge the validity of patents at a fraction of what it would cost to defend an infringement action in federal court. While a challenger must pay a significant fee to institute IPR proceedings (up to $30,000), post-grant review proceedings are fast and generally required to be completed within one year of commencement. Moreover, unlike conventional reexaminations, post-grant review can be sought on any grounds that can
Last May, 2016, President Obama signed into law the long-awaited Defend Trade Secrets Act (DTSA) which creates a federal private right of action for trade secret misappropriation claims. Historically, while certain federal protections existed previously in the Economic Espionage Act of 1996, trade secret cases were required to be brought in the various state courts where laws and procedures vary widely. The DTSA is intended to supplement, not preempt, state laws.
The DTSA’s definition of “trade secret” includes all forms and types of information that (1) derives independent economic value from