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
According to recent statistics, the number of trade secret cases in U.S. federal courts doubled between 1988 and 1995, doubled again between 1995 and 2004 and is projected to double again by 2017. Hacking, as well as the use of email, thumb drives and external storage devices, are all means by which confidential information can be stolen. No business can ever be 100 percent safe, but companies can and should take several steps to protect their trade secrets from misappropriation.
1. Companies must identify and label confidential information. Confidentiality legends should
The Patent Prosecution Highway (PPH) is an international framework in which a patent application whose claims have been determined to be patentable by one patent office is eligible for accelerated examination at another patent office. The PPH speeds up the examination process for corresponding applications filed in participating intellectual property offices. Patent offices in Australia, Canada, China, Europe, Germany, Japan, Korea, Russia, United Kingdom, and United States, among others, have agreed to share search and examination results, and implement fast-track examination procedures to allow applicants to reach final disposition more
When someone is using your domain name or one confusingly similar, there are ways to fight back.
One option to combat cybersquatting is to file a complaint with ICANN (Internet Corporation for Assigned Names and Numbers) under its arbitration procedures and request that the domain be transferred to you. When a domain name is registered with ICANN, the registrant submits to mandatory arbitration in the event of a dispute under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). UDRP arbitrations are significantly cheaper and faster than typical federal litigation, and
An important Federal Circuit decision came out yesterday, which upheld claims of an Internet related patent as not being directed to an abstract idea. This if the first post-Alice decision to do such.
“As an initial matter, it is true that the claims here are similar to the claims in the cases discussed above in the sense that the claims involve both a computer and the Internet. But these claims stand apart because they do not merely recite the performance of some business practice known from the pre-Internet world along with