Why Women Should Be Getting More Patents

Patent gender gap — what can we do to close it — and why it matters Inventor and patent-holder Hedy Lamarr. By Employee(s) of MGM – source, Public Domain, https://commons.wikimedia.org/w/index.php?curid=44898216 We previously blogged about the serious gender gap in patent ownership.  A 2012 working paper prepared for the National Bureau of Economic Research showed that […]

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Supreme Court Rules for Samsung in Apple Design Patent Case

US Supreme Court: Samsung May Not Have to Pay As Much to Apple By Google – Android, CC BY 2.5, https://commons.wikimedia.org/w/index.php?curid=46396472 The US Supreme Court has ruled that Samsung may not have to pay $399 million to Apple for copying the patented design of Apple phones. Apple had sued because Samsung copied certain design elements […]

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What Can We Expect for IP Law during the Trump Administration?

Will Peter Thiel’s Views Affect US patent law in the next four years? CC0 Public Domain Free for commercial use No attribution required Will intellectual property law change under the Trump administration? If so, how? Of course, no one really knows. Ars Technica pointed out that Of the two major party candidates in 2016, only […]

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"On-Sale" Bar Doesn’t Apply to Sales to Inventor

"On-Sale" bar can stop a patent being issued — but what is a "sale"? source:  https://pixabay.com/en/discount-sale-shopping-149600/ The "on-sale bar" is a limitation on the patentability of an invention under 35 U.S. Code § 102, which says: A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed […]

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Designating Agents for DMCA Takedowns Will Be Cheaper and Easier

Listing agents for copyright takedowns will be easier, cheaper By Original artist: Joseph Ferdinand Keppler (1838-1894) Restoration: Adam Cuerden – http://www.loc.gov/pictures/item/2011661385/ by way of http://adamcuerden.deviantart.com/gallery/#/d5onmxh, Public Domain, https://commons.wikimedia.org/w/index.php?curid=23322831 As we discussed in this blog, the Digital Millennium Copyright Act (“DMCA”) is part of US copyright law that became effective in 1998. Among other things, the […]

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USPTO Issues Latest Guidance on Software Patents

USPTO tells patent examiners latest on software By Eugenio Hansen, OFS – Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=18782923 The US Patent Office is working hard to keep up with developments in the federal courts concerning software-related patents. On November 2, Robert Bahr, the Deputy Commissioner for Patent Examination Policy, sent out a memo entitled "Recent Subject Matter […]

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Lawsuits Filed over Use of Photos Online

Copyright lawsuits filed for the use of photos without proper rights By tyler.stefanich – Creative Commons Swag Contest 2007_2, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=3254804 Small business owners frequently post questions like this one on websites for people seeking legal help: My company used a photo we found on the Internet on our website and in social […]

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New California Law Affects IP-Related Contracts

Choice of law clauses Must specify California for state to enforce   By Darwinek – self-made using Image:Flag of California.svg and Image:USA California location map.svg, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=7021554 A new California law will affect how intellectual property-related contracts are enforced. Many companies have employees in California even though the companies are headquartered elsewhere or […]

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When is an invention "Technological"? And why does it matter?

"Technological"? When can software get patents? It still isn’t clear. By LPS.1 – Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=33974042 In the wake of the US Supreme Court’s decision in Alice v. CLS Bank, lower courts have struggled to define when software-implemented inventions are or are not patent-eligible. Recently, we blogged about the McRo case, in which the […]

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When Can US Trademark Law Apply outside the US?

Trader Joe’s market Gets chance to make trademark case against copycat By Anthony92931 – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=23093504 For the most part, US intellectual property laws apply only inside the territorial boundaries of the US. There are some rare exceptions. For example, as we blogged about previously, US patent law can apply to […]

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