All posts by: Adam Garson

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Changing of the Guard at the PTO

November 30, 2012 Patent

David J. Kappos has announced that he will depart as the Director of the U.S. Patent and Trademark Office at the end of January.  His replacement has not been announced.   Kappos has led the PTO since 2009 and filled a leadership vacuum at the PTO dating from the last few years of the last administration.  […]

Beware the Ides of March (well, almost the Ides)

November 30, 2012 Patent

We’ve said it before, but it bears repeating.  Remember that on or after March 17, 2013, you MUST protect your invention before offering the invention for sale or using the invention in public.  Otherwise, you lose your U.S. patent rights instantly and forever.  This is a major change in the law and requires an entirely […]

Who Pays For Patent Litigation?

October 31, 2012 Patent

Your company is threatened with a lawsuit for patent infringement.  You are confident that your product does not infringe.  Should you fight or should you surrender? These are very real questions that businesses face every day.  According to a 2009 survey by the American Intellectual Property Law Association, the average cost for infringement litigation through […]

O Say, Can You See?

October 28, 2012 Copyright

Imagine that you live in an apartment in a large city, and that you don’t want to have cable television.  You used to have “rabbit ears” on your television, but once the analog transmitters went off the air, you found that your apartment faces the wrong way, and now all you get on your set […]

First Sale Doctrine Goes Digital — or Does It?

October 28, 2012 Copyright

Here’s another example of the “if value, then right” approach.  You may recall that the first sale doctrine permits an owner of a copyrighted work to sell, transfer, loan, or even dispose of the work without infringing the creator’s distribution rights.  So, for example, if you were to purchase a music CD or a book, […]

Copyright Protection for Fashion Designs Revisited (Again)

September 28, 2012 Copyright

We’ve been following developments in copyright law related to the fashion industry for quite some time.  You may recall that clothing falls into the category of a functional item, which is not protectable under United States copyright law.  Yet, because fashion designs are frequently “knocked-off,” the fashion industry has long sought copyright protection for designs. […]

Google Patent Search has New Features and New Powers

August 30, 2012 Patent

Do you want to find out whether your better mousetrap is patentable?  For inventors and patent attorneys, Google Patent Search is a cheap (as in free) and easy way to perform a light-weight screening search.  Since 2006, Google Patent Search has allowed use of familiar word searching skills to search a database of U.S. patents […]

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Litigation, Patent

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]

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