Articles

Supreme Court Raises Bar for Patents in KSR: Jun-04-2007 — On April 30, the Supreme Court issued a significant patent law decision in KSR International Co. v. Teleflex Inc. concerning how an invention should be evaluated to determine if it is entitled to patent protection.
‘What Do You Mean I Paid for It, but Don't Own It?’: Jul-25-2005 — With more and more business activity involving the creation of important work product that can be protected with a copyright, there needs to be more awareness of how ownership of works made for hire is treated.
Think Small—Really Small: Jul-25-2005 — Nanotechnology is the science of creating and manipulating very small things. The impact of nanotechnology can be astronomical, and the ability to obtain patents in this arena is central to the magnitude of that impact.
Second Circuit Update: Jun-06-2005 — A brief review of recent notable decisions from the Second Circuit, including cases involving arbitration, electronic privacy, securities litigation, and trademark and copyright infringement.
A New Year’s Resolution — Time to Shape Up Your Assets: Mar-29-2005 — Your intellectual property (IP) assets are the essence of your business. They embody what your company stands for. It’s your logo, the literature and articles you’ve written, the inventions you’ve created, or the software your company has developed.
Copyright Registration for Web Sites: Mar-29-2005 — While the U.S. Copyright Office has been somewhat slow in adopting precise criteria for gaining copyright protection in Web sites, such protection is available by obtaining a “copyright registration” for the site.
IP Developments March 2005: Mar-29-2005 — Topics include reviewing your IP assets, filing continuation applications, recent devlopments in patent claim construction, and copyright registration for Web sites
Many Patents Are Now Subject to a New Ground for Attack: Mar-29-2005 — The practice of filing continuation applications has been used by patent attorneys as a part of filing strategies on behalf of their clients for many years. A recent decision by the Federal Circuit has cast a shadow over many continuation practices.
Recent Developments in Patent Claim Construction: Mar-29-2005 — The Federal Circuit is poised to address the issues of what role dictionaries and treatises should play in the claim construction process.
Expanding your brand into the US: Oct-05-2004 — Central to brand expansion into the U.S. is the strategic development of a strong trademark/ service mark portfolio. This article originally appeared in the October 1, 2004 issue of The Lawyers Weekly.
Filing Considerations for Provisional Patent Applications: Sep-12-2004 — The filing of a U.S. provisional patent application preserves foreign filing rights in all Paris Convention countries and disclosures made after the filing will not adversely affect the ability to file foreign patent applications in those countries.
Global Trademark Strategies: The Madrid Protocol: Sep-12-2004 — Trademark owners in the United States seeking to extend their brands outside U.S. borders now have a relatively new mechanism for protecting their valuable intellectual property.
Reach-Through Claims Declared Invalid: Sep-12-2004 — “Reach-through” claims refer to claims for products or uses for products when experimental data is provided for screening methods or tools for the identification of such products.
IP Developments September 2004: Sep-10-2004 — Premier Issue! Topics include The Madrid Protocol, copyright treatment of work made for hire, provisional patent applications, nanotechnology, and reach-through claims.
Basics of Copyright Registration for Designs of Buildings: Jan-28-2003 — A claim to copyright in an architectural work is distinct from a claim in technical drawings for the work. Separate applications are required for both.
Permissible Repair or Infringing Reconstruction?: Jan-28-2003 — In order to determine whether refurbishing a patented item constitutes permissible repair or infringing reconstruction, a careful examination of all of the facts and circumstances regarding the work to be performed and the patent at issue should be made.
Filing Considerations for Provisional Patent Applications: Oct-22-2002 — In the United States, a patent application must be filed within one year of the first public use or offer for sale of the invention. The filing of a provisional patent application can be used to satisfy this requirement.
A Proper Use of Trademark Guideline: Nov-27-2001 — Trademarks, which include service marks, are extremely valuable assets because they also communicate the goodwill and quality of the product and service.