Illuminating the path in intellectual property law.
The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the exclusive right to exclude others from making, using, selling, or importing the claimed invention typically for 20 years; however, the risk of patent infringement …
Continue reading “Terminal Disclaimer Rule Proposed to Balance Innovation and Competition”
Previously Published in The Journal of Robotics, Artificial Intelligence & Law, Volume 7, No. 3 | May-June 2024 In this article, the authors examine the extensive legal risks that companies take when using generative artificial intelligence (GenAI), particularly within operations that create intellectual property or other intangible value represented within a business. While any groundbreaking …
Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To address this concern, in 2023, the USPTO introduced the First-Time Filer Expedited Examination Pilot Program, which was designed …
The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a …
Continue reading “Getting Off on the Wrong Foot: How Marketing Strategies Can Backfire”
In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated sale of TikTok. With over 900 US patents covering pivotal technologies, the divestment process entails navigating legal intricacies and financial considerations, particularly given …
Continue reading “Recap of TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove”
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …
Continue reading “Are You Getting Bang for Your Buck with Canadian Trademarks?”
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey Mouse – was let loose from the magic kingdom. Freed from the shackles of copyright, Walt Disney’s iconic …
Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and protect them by filing divisional applications. However, care must be taken to avoid potential double patenting issues. The Supreme …
Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to …
In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: Avoiding potential trademark infringement claims, and Protecting the business’ brand through trademarks In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property. Terminating an employment relationship carries …