Intellectual Property Law Blog

Posts Tagged ‘Intellectual property rights lawyer’

USPTO Closer to Recognizing Patent Agent Privilege?

December 9th, 2016

By Carly A. Shanahan, Ph.D. A key element of our justice system, the attorney-client privilege, was put in place to ensure that every citizen can obtain sound legal advice. Confidences discussed with an attorney in order to obtain legal advice are privileged from discovery in litigation. When it comes to the protection of intellectual property…

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark…

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Understanding the Three Types of U.S. Patents

June 2nd, 2016

Scientists who are focused on their research in a laboratory may not be thinking ahead to the future business applications of their discoveries. But protecting the intellectual property developed in the lab should be a critical consideration for all scientists, whether they are working solo or are part of a large R&D department at a…

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Charged with an IP Crime? Your Lawyer Better Know Science as Well as Criminal Law

May 19th, 2016

By Fred Tecce, Esq. When federal agents swarmed the home of Temple University physics professor Xiaoxing Xi and charged him with spying for China, scientists across the country better have taken note. This was an egregious case of an alleged IP crime which turned out to be nothing at all. Unfortunately, it is likely to…

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3 Top IP Moments of 2015

January 7th, 2016

By Fred Tecce, Esq. It’s that time of year when seemingly every blog and online publication posts year-end “listicles,” and, for better or worse, we are no exception. It’s more difficult for us, though, because as engineers and intellectual property attorneys, we prefer objective analysis. “Biggest,” “best,” and other superlatives are invariably laden with subjective…

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CAFC: Gov’t Can’t Censor ‘Disparaging’ Trademarks

December 29th, 2015

When we discussed the provision of U.S. trademark law that prohibits the use of “disparaging” words in a registered trademark, we noted that “change may be on the horizon.” On Dec. 22, 2015, the Court of Appeals for the Federal Circuit ruled that at least the prohibition against registration of “disparaging marks” (Section 2(a) of…

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From Thomas Jefferson to Michelle Lee; 225 Years of U.S. Patent Law

December 3rd, 2015

By Fred Tecce, Esq. As anniversaries go, it may lack the cachet of the 800th anniversary of the Magna Carta or the upcoming 2026 U.S. sestercentennial. But for anyone whose work pushes the boundaries of what mankind once thought possible – from automobiles to antibiotics to Amazon’s Kindle – 2015 brought a big one: the 225th…

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Prince vs. the ‘Dancing Baby’: the Evolution of ‘Fair Use’

November 12th, 2015

By Bridget H. Labutta, Esq. Your IP attorneys have discovered a video on YouTube of a baby dancing while your – copyrighted – music plays in the background. The legal team quickly dispatches a takedown notice, claiming infringement. That’s a common practice under the 1998 Digital Millennium Copyright Act (DMCA), as artists, writers, photographers, and…

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Trademarks 101: Basic Principles Every Organization Needs To Know

June 11th, 2015

William Shakespeare might have asked “What’s in a name?” but in business, the answer is: quite a lot. With apologies to Shakespeare’s Juliet, your goods and services by any other name may not, in fact, smell as sweet. Your organization’s tradename or brand is a calling card, an advertisement, and, ideally, one way in which…

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