Articles in Intellectual Property

New Australian law to provide further protections for copyright owners to block offshore pirate websites

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The Australian Senate’s Environment and Communications Legislation Committee is undertaking an inquiry into the Copyright Amendment (Online Infringement) Bill 2018 and is due to report on 26 November 2018. Given there is bipartisan political support for the Bill, which will expand the rights of copyright holders to obtain Federal Court injunctions to block offshore pirate websites, it is expected the Read More

Multicolored Leaves More Inherently Distinctive than Multicolored Trademarks

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As we enter into fall, the leaves on the trees will soon be multicolored. They are sure to be inherently distinctive, with each tree being a unique creation. It is too bad multicolored trademarks do not get the same distinction! On September 10, 2018, in In re Forney Industries, Inc., the Trademark Trial and Appeal Board (TTAB), in a precedential Read More

Creating a Strong Trademark

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What is a Trademark? A trademark is a word, phrase, symbol, or design that is used in conjunction with, and to identify the source of, goods or services in the marketplace (e.g., brand names and logos). A service mark is a form of trademark that applies to services instead of physical products. Most people are more familiar with the term Read More

Significant New Patent Office Rule Reshapes Strategic Approaches to Patent Claim Challenges

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In a significant decision that promises to impact strategic thinking in patent claim challenges, the U.S. Patent and Trademark Office (USPTO) will soon adopt the same reading of claims in Patent Trial and Appeal Board (PTAB) post-grant proceedings as that used in federal district court. Any inter partes review (IPR), post-grant review (PGR) or covered business method patent review (CBM) Read More

Patents and Pumpkins: Hidden Soft Spots Can Ruin Them Both

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Imagine: you arrive at the pumpkin patch and see the perfectly shaped, perfectly orange pumpkin for which you’ve been searching. Envisioning the amazing jack-o-lantern you’ll create from this perfection, you snatch it from among the vines – only to find the bottom soft and mushy from mildew! There may not be many ways in which a patent is like a Read More

Improved Forecast for IP Harvest: Gathering Seeds from USPTO Memo on Vanda

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Subject Matter Eligibility Drought Lessens: Following the Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed.  Cir. 2018), the U.S. Patent and Trademark Office issued a memo to the patent examination corps clarifying the patent eligibility of certain method of treatment claims.  In particular, the USPTO’s guidance clarifies that method of treatment claims which practically Read More

WHAT ERRORS ARE CORRECTABLE? INTENT-TO-USE TRADEMARK APPLICATIONS PART 3

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You understand the importance of securing trademark protection for your product or service, and you’ve submitted an intent-to-use application or registered your brand as a trademark. But perhaps, in reading Part 1 and Part 2 of our three-part series, you’ve realized that you may have erred somewhere along the way in one of your own trademark applications. The good news Read More

IS YOUR TRADEMARK APPLICATION ASSIGNMENT PROPER? INTENT-TO-USE TRADEMARK APPLICATIONS, PART TWO

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You understand the importance of protecting your new product or service with a trademark, and thanks to our Part One article on the subject, you also learned several keys to filing an application with the U.S. Patent and Trademark Office (USPTO) that outlines your intent-to-use the mark. It’s equally important to ensure that you’ve listed the right “Applicant” on that intent-to-use trademark Read More

HOW INCREASING FEDERAL CIRCUIT PATENT SCRUTINY UNDER 35 USC 112 IMPACTS APPLICANTS AND OWNERS

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A recent decision by the Court of Appeals for the Federal Circuit provides new evidence of an increasing scrutiny of the claims and specifications for patents and pending applications under 35 USC 112, particularly with respect to enablement. This Federal Circuit trend, occurring simultaneously with a similar increase in focus on enablement by the U.S. Patent and Trademark Office, potentially Read More

IS YOUR INTENT BONA FIDE? INTENT-TO-USE TRADEMARK APPLICATIONS, PART ONE

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So you are planning to hit the market with a new product or service, and you have an awesome idea for a unique brand. You know it’s important to protect that brand with a trademark. However, do you also know how important it is to make sure that your trademark application properly captures the correct owner of the mark and Read More