Library Search
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Federal Circuit Leaves Open The Question Of Which Materiality Standard Should Apply In Inequitable Conduct Determinations ( September 2003 )
The defense of unenforceability based upon a patentee's inequitable conduct, when applicable, can be a powerful one for an accused infringer. Typically, the defense is based upon the patentee's non-disclosure of important information to the U.S. Patent and Trademark Office ("USPTO") while the application was being processed. To prevail with the defense, the accused infringer must show that the information is material, and was deceptively withheld. -
Recognition of Well-Known Trademarks ( August 2003 )
Most countries do not process applications for recognition of well-known trademarks unless owners of such trademarks have demonstrated a need for such recognition, and most countries do not have a separate or independent application procedure for recognition of well-known trademarks. -
Can a Patent be Pending for Too Long? ( January 2003 )
As the economic power of patents continues to grow, time-honored beliefs in the virtues of the patent system and the rights of patent holders have come under increasing scrutiny, and accusations of abuses of the patent system are increasingly prevalent. The latest example appears in a recent decision by the Court of Appeals for the Federal Circuit, the nation's leading patent court. -
New Laws Now in Place for Business Method Patents ( December 2002 )
While method patents have long been available to protect inventors of useful, novel methods of accomplishing particular tasks, such as surgical procedures, business method patents - on a particular method of doing business - are new to the scene. -
Protect and Capitalize on All of Your Property -- Especially the Stuff You Can't Touch ( December 2002 )
In today's business environment the field of intellectual property (IP) is booming. Businesses must guarantee their rights of intellectual property to protect their inventions, patents, trademarks, copyrights and trade secrets. Understanding what IP is all about will help protect your company's IP rights and avoid unforeseen costly claims. -
Preventing Loss of Federal Trademark and Service Mark Rights ( November 2002 )
Upon receiving a federal trademark or service mark registration from the United States Patent and Trademark Office, mark owners should take steps to maintain these rights. Separating the tasks into two categories helps organize the steps mark owners should undertake to minimize loss of rights in their marks. First, mark owners can minimize loss of rights in their marks by properly maintaining the marks. Second, mark owners can prevent loss of rights in their marks by monitoring third parties who attempt to use their marks or confusingly similar variations of their marks. -
Patent, Trademark, and Trade Secret ( January 1999 )
While copyright law is the most important intellectual property law for the Internet, you need to know enough about patent, trademark, and trade secret law to avoid infringing intellectual property rights owned by others and to be able to take advantage of the protection provided by these laws. These three intellectual property laws are discussed in this chapter. -
Business Method Patents and Pre-Grant Publication--The Increasing Complexity of Patent Strategies ( December 2000 )
Looks at changing regulations in business methods patents and pre-grant publication. -
Madrid Protocol for Multi-National Trademark Registration Appears Close to Passage ( February 2001 )
Provides a discussion of potential drawbacks of the Madrid Protocol.