Articles in Intellectual Property

Use of Arbitration In Place of Inter Partes Review Proceedings

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An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners. An inter partes review (IPR) might be more efficiently accomplished through arbitration than an IPR through a Patent Trial and Appeal Board (PTAB) proceeding, so it should be considered by practitioners. An IPR Arbitration process can be completed in less time Read More

Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility

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The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to Read More

Who Owns Copyright at Work? A Review of Copyright Law in the UAE

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In most common law jurisdictions such as the United Kingdom, the copyright in original works made or created by an employee in the course of employment is owned by such employee’s employer. However, this is not the case in the UAE. This article explores certain significant differences in the ownership and protection of copyright in the UAE as compared to Read More

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