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China’s 14th Five-Year Plan (2021-2025) and Its Impact on Your Intellectual Property Portfolio

In March of 2021, China’s most important annual political meetings took place as thousands of delegates to the National People’s Congress (NPC), the national legislature, and the Chinese People’s Political Consultative...more

Promoting Competition in the American Economy Executive Order: Antitrust Is Back?

On July 9, 2021, President Biden executed an Executive Order (EO) on Promoting Competition in the American Economy. This EO impacts the Intellectual Property (IP) transactions and portfolios as discussed below....more

Notice Alert: Properly Presenting Prophetic and Working Examples in a Patent Application

On July 01, 2021, the United States Patent and Trademark Office (USPTO) published a Notice requiring prophetic examples and working examples to be distinguished, at least, by using different tense in order to satisfy the...more

Recent USPTO Announcements on Patent Entity Status and Trademark Fees

Small Entity Government Use License Exception (Effective date: January 20, 2021) - The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to clarify and expand exceptions...more

Beware: Trademark Email Scams for “Separate Registration of ‘Clients’” Are Not from the United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) just issued a warning to be on the alert for “fraudulent emails that appear to originate from the United States Patent and Trademark Office (USPTO) domain,...more

Can You Use Outside Counsel to Preserve Work Product Protection for A Forensic Breach Report?

The answer, maybe, but it depends on the facts in each case. Merely because a company has its outside legal counsel directly retain a third party service provider for an incident response, i.e., digital forensics, does not...more

Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger...more

Trademarks in China: Traps for the Unwary

Foreign brand owners can file trademark applications in China as national applications (CNAs) or International Registrations (IRs) under the Madrid Protocol. There are pros and cons to each route, and brand owners may find it...more

A Patent for Personalized Medicine Survives §101 Challenge at the Federal Circuit and Will Exclude Generic Drugs from the Market...

On April 13, 2018, the United States Court of Appeals for the Federal Circuit issued a decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd upholding the validity of U.S. Patent 8,586,610 (“the ’610...more

Use of Patent Agents Increasingly Fortified

On Friday, February 23, 2018, the Texas Supreme Court overturned a lower court’s ruling that attorney-client privilege does not extend to patent agents. The ruling, bound to reverberate throughout the intellectual property...more

Cyber Crime Pays! Different Attacks Have Different Values

Cisco’s midyear report showed that CEO fraud netted cybercrime five times more money than ransomware over the last three years. CEO fraud is a scam in which cybercriminals spoof company e-mail accounts and impersonate...more

Is Your Medical Device Software Compliant with the New EU Standards?

The IEC 62304 standard specifies life cycle requirements for the development of medical software and software within medical devices. It is a standard that is harmonized between the European Union (EU) and the United States...more

8/31/2017  /  EU , Manufacturers , Medical Devices , Software

So Why Do I Have To Sign This Declaration Again?

This is a question that I often am asked when inventors have been working with us for an extended period of time. In the past, we could use an existing, executed declaration in the family for a new member, but not after...more

Uptick in University Enforcement of Intellectual Property an Indication of Stricter Enforcement Policy or a Passing Trend?

Universities have traditionally been reluctant to enforce their intellectual property (IP) against third parties. There are many reasons for this position, including adverse publicity associated with such suits, the time...more

Supreme Court to Review Digital Privacy (Part 2)

In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more

Supreme Court to Review Digital Privacy (Part 1)

In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more

Russian Cyber Attack on US Nuclear Power Stations

A report from the FBI and the Department of Homeland Security warns of malware attacks targeting mainly nuclear power stations and energy facilities. The attacks started in May of this year....more

University Business Collaborations Bridging the Gap

Historically, our understanding of University Business Collaborations (UBC) is based on the role of barriers in the development of cooperation. During the June 2017 University Industry Innovation Network (UIIN) annual...more

7/25/2017  /  Collaboration , Universities

Phishing Moves to SMiShing

Phishing, the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information (such as passwords and credit card numbers) is something that we have...more

New Guidelines for Examination of Computer Related Inventions in India

On July 3, 2017, revised Guidelines for Examination of Computer Related Inventions (CRIs) were released. The full text of the guidelines may be found here. ...more

A Federal Cyber Security Law Coming Your Way?

On Thursday, June 29, 2017, Sens. Hatch and Markey introduced the “Promoting Good Cyber Hygiene Act” that would direct the National Institute of Standards and Technology (NIST) to establish a set of baseline voluntary best...more

New Rule on Trademark Revivals, Reinstatements, and Petitions to the Director

Effective July 8, 2017, new rules went into effect regarding revival of abandoned applications, reinstatement of abandoned applications and cancelled or expired registrations, and petitions to the director. The rules have...more

Intellectual Property Litigation Financing

IP litigation is expensive and risky. A patent owner relies on costly experts and attorneys, and confronts the possibility that the entire case could be dismissed at any point during a lengthy litigation process (likely...more

Whoops, I did not want to file that European Application. Can I get a Do-Over?

It is rare, but there are times where one will file a European Application (EA) and then change their mind due to business considerations. Filing fees are a significant part of the fees associated with filing an EA....more

India – Antitrust Law Update

In 2009, the Indian government implemented provisions under the Competition Act of 2002 for prohibition of anti-competitive agreements and abuse of dominant positions in India. More recently, antitrust litigation has...more

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