USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways -
On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more
6/6/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Copyright ,
Design Patent ,
Due Diligence ,
Farm Bill ,
Food and Drug Administration (FDA) ,
IP License ,
Lanham Act ,
Licenses ,
Licensing Rules ,
Open Source Software ,
Patent Ownership ,
Patent Validity ,
Patents ,
Software ,
Software Patents ,
Trademarks ,
USPTO
For startups, intellectual property is a major source of value as well as a major tool for attracting investments. A patent license is an intellectual property asset that can be used to launch a startup. For instance, a...more
Avoiding Common IP Pitfalls: What Every Startup Needs to Know -
Startup companies often face significant risk and liability with respect to Intellectual Property (IP) on their path to success. The failure to adequately...more
Startup companies often face significant risk and liability with respect to Intellectual Property (IP) on their path to success. The failure to adequately address IP issues can lead to the permanent loss of IP rights and...more
Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent...more
Typically, during prosecution of a U.S. application, a second or subsequent Office Action could be made final by the patent examiner at which time prosecution of the application is essentially closed. For an applicant who...more
In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp., the...more
Intellectual property protection, particularly patent protection, is important for many companies, and the ability to speed up the patenting process may be essential for a variety of reasons. For instance, one or more issued...more
3/9/2016
/ Corporate Counsel ,
Fast Track Process ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution Highway ,
Patents ,
Prioritized Examination ,
USPTO ,
USPTO Pilot Program ,
Young Lawyers
Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections -
It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l,...more
3/3/2016
/ AFCP ,
America Invents Act ,
Broadest Reasonable Interpretation Standard ,
CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Cuozzo Speed Technologies v Lee ,
Defend Trade Secrets Act (DTSA) ,
Inter Partes Review (IPR) Proceeding ,
Patent Prosecution Highway ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Trade Secrets ,
USPTO Pilot Program
Issues to Be Aware of When Seeking Trademark Protection -
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others....more
12/9/2015
/ Advertising Substantiation ,
Corporate Social Responsibility ,
Costco ,
Federal Trade Commission (FTC) ,
Green Guides ,
Likelihood of Confusion ,
Made in the USA ,
Tiffany and Company ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Truth in Advertising
In a recent decision, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co. (“Tiffany”), deciding that Costco Wholesale Corp. (“Costco”), the largest...more
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
6/3/2015
/ America Invents Act ,
B&B Hardware v Hargis Industries ,
CLS Bank v Alice Corp ,
Copyright ,
Copyright Infringement ,
Covered Business Method Patents ,
Estoppel ,
Intellectual Property Litigation ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Pop artists Robin Thicke and Pharrell Williams’ “Blurred Lines” song was the most popular single in 2013, topping the U.S. and international music charts. The song has sold over 6 million copies and its accompanying video has...more
In This Issue:
- Tips for Developing a Cost-Effective Foreign Patent Strategy
- Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank
- Amending...more
3/5/2015
/ Computer-Related Inventions ,
Expert Testimony ,
Foreign Patent Applications ,
Hana Financial v Hana Bank ,
Patent Cooperation Treaty ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Tacking ,
Trademarks
According to a recent survey of over 100 companies and universities, nearly 93% who filed patent families in 2013 filed at least some of those patent families internationally. While obtaining patent protection abroad is...more
In This Issue:
- Prior Art Redefined Under the AIA
- PTAB Holds a Firm Line on Additional Discovery
- The Art of Prior Art Searching
- Anticipating a Federal Trade Secret Law
- Trademark...more
11/26/2014
/ Additional Discovery ,
America Invents Act ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patentability Search ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Secrets ,
USPTO
The America Invents Act’s (“AIA’s”) overhaul of the U.S. Patent law system has significantly redefined what constitutes available prior art that can be used to reject patent applications or invalidate patents. Thanks to the...more
In This Issue:
Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more
Robin Thicke’s massively popular and controversial “Blurred Lines” song has captured much public attention, including the attention of the family of Marvin Gaye who accused Thicke of using elements of Marvin Gaye’s song, “Got...more
In This Issue:
The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more
TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates...more
In This Issue:
Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more
5/13/2013
/ America Invents Act ,
China ,
Costco ,
Fees ,
First-to-File ,
Generic ,
Inventors ,
Micro Entity Status ,
Misappropriation ,
Patent Reform ,
Patents ,
Tiffany and Company ,
Trade Secrets ,
Trademarks ,
USPTO