Intellectual Property
The Patentability of Computer Software to be Revisited

The Patentability of Computer Software to be Revisited

By Joseph S. Heino On October 9, 2012, the Court of Appeals for the Federal Circuit issued an Order that will allow it to revisit the patentability of computer software. Specifically, the court ordered that the following issues be addressed: What test should the court adopt to determine whether a computer-implemented invention is a patent...

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Are You Ready For The Next Round of Changes Under the America Invents Act?

Although nearly a year has passed since President Obama signed the America Invents Act ("AIA") into law, the next round of changes will take effect Sept. 16, 2012. The Act's next phase of changes are relevant when considering any patent enforcement actions and in defending patent infringement actions. As discussed in my article last fall entitled...

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Use Trademark Audits to Identify and Protect Your IP Assets

Use Trademark Audits to Identify and Protect Your IP Assets

Trademarks, including your company and brand names, are among the most valuable assets of your business. They can contribute directly to revenue generation through royalty or licensing payments, and by building your brand and market identity as well as the goodwill of your company. An easy and cost-effective way to help ensure that you are...

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Big Changes Coming to Patent Law

Big Changes Coming to Patent Law

On September 16, 2011, President Obama signed the America Invents Act (the "AIA") into law. The AIA makes the most sweeping changes to U.S. patent law in many years, including moving the United States towards a first-to-file system, creating new Patent Office proceedings for post-grant review, essentially eliminating false marking actions,...

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New Top Level Domains Will Increase Risk of Online Trademark Infringement

The Internet Corporation for Assigned Names and Numbers (“ICANN”), the organization responsible for overseeing the world's domain name system, recently made hundreds of new generic Top Level Domains (gTLDs) available for registration, a significant expansion of available Internet addresses and an increased risk of online trademark infringement....

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Choosing a Strong Trademark

One of the most common mistakes brand owners make when they have an idea for a name that they want to "trademark" is that the trademark of choice is merely descriptive of the goods or services that the brand owner wants to identify with the trademark. Descriptive marks to help consumers to identify their products and services. However, if an...

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Europe Moving Towards a Single Patent System

On 27 June 2011, 25 member states of the European Union entered into an Agreement which paves the way for a unitary patent system in Europe. Currently, patent applicants who wish to obtain patent protection in multiple European countries must bear the cost of preparing and filing multiple translations in order to have their patents validated in...

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Licensing A Trademark – Even To A Family Member

By Joseph E. Tierney IV In a case that came down earlier this month, the Court of Appeals for the Seventh Circuit reiterated an old saw of trademark law, namely, that trademark owners who fail to control the quality of their licensee’s goods or services stand to lose their trademark. Trademark law requires that decision-making authority over the...

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No – It Probably Isn’t a Work Made for Hire

No – It Probably Isn’t a Work Made for Hire

By Joseph S. Heino So you hired a third party to develop software for your company or to put together your website or even to write a company newsletter. You paid them for those services. You now assume that you own the copyright to the work because it was a "work made for hire." Not so fast. While it is true that, in an employer-employee...

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No – It Probably Isn’t a Work Made for Hire

Google is Doing What With My Trademark?

By Joseph S. Heino Google is making money off your trademarks and letting your competitor's direct business to their websites via its AdWords program. As more than 70% of U.S. internet searches use Google's search engine, Google directs a significant portion of consumers to the products and services they seek. Nearly everyone is familiar with...

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