Patent Dual-application Strategy in China
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In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of your company’s products can...more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new...more
On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more
The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 Fed. Reg. 78644 (Nov. 16,...more
The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...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
As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more
How do you use the patent system to protect inventions related to the metaverse? What is the Metaverse? Merriam Webster defines the metaverse as “a persistent virtual environment that allows access to and interoperability of...more
Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...more
The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
The U.S. Patent and Trademark Office ("PTO") provides extensive online resources on its website. While much of the content may be directed to patent and trademark practitioners to perform filings and access regulations, some...more
The cannabis industry is booming and as it continues to grow, new cannabis-related businesses are forming in various sectors of industry and new plant varieties, products and techniques are developed daily. Protecting...more
Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual...more
You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more
Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a...more
Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more
In a recent decision, the TTAB overturned a descriptiveness refusal to register the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through...more
“Prosecution” of a utility patent application is the process by which anapplication advances through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
An important aspect of developing any intellectual property strategy and portfolio is deciding which method of intellectual property protection to pursue based on the advantages and disadvantages of each method. Plants may be...more
Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more
Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more
Intellectual property (IP), such as copyrights and patents, can hold enormous value. Whether IP rights are a significant source of wealth or only a small fraction of an estate, it’s critical that it be properly addressed in...more