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Sep 24

Are the Days of Patent Trolling Numbered?

By Patent and Trademark No Comments
Patent trolling has long been on the minds of law makers seeking to put an end to this practice. Reform seems closer today than ever before as the House Judiciary Committee Chairman Bob Goodlatte released a discussion draft aimed at preventing abusive patent troll litigation.The Chair has indicated he will hold a hearing and committee vote on this new piece of legislation very soon. The new law sets its sites on adding more hurdles before patent trolls to shield inventors from unscrupulous tactics that may stifle innovation.
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Sep 18

Google Expands Searchable Patents beyond the United States Patent and Trademark Office.

By Blog, Patent and Trademark No Comments
Google has made it even easier for pro se inventors to conduct their own patent searches. The search giant has released information about their expanded database of patents beyond the United States Patent and Trademark Office. Now users can research patents in agencies including China, Germany, Canada, and the World Intellectual Property Organization (WIPO). This resource can be accessed at patents.google.com. This a good place for inventors to start learning about what patent applications look like before seeking the advice of a patent professional.
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May 14

Biotech Patent Law

By Patent and Trademark No Comments
The Supreme Court upheld Monsanto Co.’s patent infringement claim against an Indiana farmer who violated the company’s patents on weed killer resistant soybean seeds (Bowman v. Monsanto Co.). The decision came down as a unanimous vote Monday (5.13.2013). In their defense, the farmer’s argued cheap soybeans bought from a grain elevator were not covered by the Monsanto patents. Today, more than 90 percent of American soybean farms use Monsanto’s “Roundup Ready” seeds. Yet another chapter in the ongoing discussion involving gene patents, the Monsanto case was been closely watched by researchers and businesses holding patents on DNA molecules, nanotechnologies and…
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Apr 26

Software & Technology Patent Law

By Software & Technology Patent No Comments
In an ongoing patent lawsuit between technology giants Microsoft and Google, Microsoft gains ground. A federal judge has ruled Microsoft owes less than half of the royalty payments for sales of Windows and the Xbox sought by Google. The amount totaling $4 billion a year in payments has been reduced to $1.8 billion. “This decision is good for consumers because it ensures patented technology committed to standards remains affordable for everyone,” David Howard, Microsoft’s corporate vice president and deputy general counsel, said in a statement.Voice your opinion on this patent law issue below. And, as always, if you have any patent, trademark, copyright, or other…
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Apr 24

Patent Law and Gene Patents

By Patent and Trademark No Comments
The gene patent dispute continues on both at home and abroad. Patents on genetic sequences have been a hotly contested part of United States patent law but we are not the only nation battling it out over isolated and purified sequences. Myriad Genetics recently came out victorious in an Australian court decision that recognized their ownership rights of gene linked to cancer. The victory was over Cancer Voices Australia and Yvonne D’Arcy, a Brisbane resident diagnosed with Breast cancer. “We intend to continue the challenge to the monopoly created by the patent held by Myriad,” Rebecca Gilsenan, a lawyer at…
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Apr 03

PATENT LAW: THE AMERICA INVENTS ACT – WHAT YOU SHOULD BE AWARE OF.

By Patent and Trademark No Comments
March 16 marked the day a series of new Patent Laws went into effect. Below is an explanation of some important changes that could potentially impact your business. The United States used to be one of the only countries where the first person to invent was awarded the patent for that invention regardless of when they filed their application. That is no longer the case. Desiring to get the U.S. in line with the rest of the world and increase the efficiency of the patent process, the AIA made the U.S. a “first to file system.” The first person to…
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Aug 09

TRADEMARKING THE OLYMPICS – WHAT YOU CAN LEARN FROM THE I.O.C.

By Patent and Trademark No Comments
As athletes from all around the planet strive for gold in London, there are a few lessons we can all learn about what it means to be an “Olympian.”All across the United Sates and the world, the term “Olympics” is one of the most aggressively protected trademarks. There is a lot to learn from the way the Olympic Committee protects their mark from dilution and infringement. Recently, the Committee was criticized for demanding a British butcher to take down his sign depicting the Olympic Rings shaped from sausages. Also, the domain owner of Ravelympics.com was made to change it to…
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Oct 06

Trademarks: USC v. USC… USC wins

By Trademarks No Comments
By refusing to hear the University of South Carolina’s appeal, the Supreme Court ended a 13-year-old dispute over interlocking letters “SC”. Prior to this appeal, the Federal Circuit held the University of Southern California and not South Carolina is the proprietor of intellectual property rights in the mark. Their ruling stands. Trademark law protects identifiers of origin. Put more simply, the reason you know shoes bearing the “swoosh” emblem are Nikes and not something else is because of trademark law. Nike has registered the “swoosh” with the United States Patent and Trademark Office limiting other company’s ability to fool buyers…
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