Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there...more
Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your...more
Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being...more
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or...more
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the...more
Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human...more
Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more
1/19/2023
/ Administrative Proceedings ,
Lanham Act ,
Personal Jurisdiction ,
Service of Process ,
Specific Jurisdiction ,
Trademark Application ,
Trademark Cancellation ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademarks ,
USPTO
Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office...more
Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the...more
Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more
Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such...more
Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are...more
Suppose that you have expressed your idea into a tangible form such as a website or web page. Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page? Should you...more
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires...more
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of...more
Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is...more
Suppose that you have expressed your work into a tangible form such as a short expression of words and artistic designs. Although your copyright exists upon the moment of creation, does the work contain a sufficient amount...more
For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent. For an inter parties review of a patent, the PTAB institutes...more
6/3/2020
/ America Invents Act ,
Ex Partes Reexamination ,
Indefiniteness ,
Inter Partes Reexamination ,
Inter Partes Review (IPR) Proceeding ,
Patent Act ,
Patent Cancellation ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art
Suppose that you have an assignment of a copyright or a security agreement for a copyright. Are you required to record this assignment or security agreement against the copyright registration? Should you record this...more
For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office. For an...more
12/12/2019
/ Administrative Patent Judges ,
Appeals ,
Appointments Clause ,
Congressional Intent ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Appointments ,
Officers of the United States ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition For Rehearing ,
Presidential Appointments ,
Principle Officers ,
Remand ,
Remedies ,
Removal At-Will ,
Removal For-Cause ,
Senate Confirmation Hearings ,
Vacated
Suppose that you have an invention disclosure for a design of an article that you want to protect? When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such...more
9/25/2019
/ Appeals ,
Article of Manufacture ,
Best Practices ,
CAFC ,
Claim Construction ,
Design Patent ,
Intellectual Property Protection ,
Lack of Specificity ,
Ornamental Design ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Written Descriptions
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark is immoral or scandalous? Should you register your scandalous trademark with the U.S....more
4/25/2019
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Matal v Tam ,
Scandalous/Immoral Marks ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination