Blog – Adam Garson Law

02Dec 2021

Covid and Patents

December 2, 2021 Patent
COVID Patent

Should the Covid vaccines be set free in the world, so that everyone can gain immunity?  Few would argue that’s a bad idea, since more variants may arise in under-vaccinated populations, those variants will undoubtedly spread to us, and those variants may be resistant to our vaccines. But what about the rights of the creative […]

11Nov 2021

Necessity is the Mother of… Too Late for That.

November 11, 2021 Patent
Halloween

First your headlamp failed and then your backup light and then the light on your phone.  It’s pitch black. Not just shadowy black, but absolutely, completely black – so black that the fish have no eyes.  You’re in a limestone cave, deep underground. You’ve been utterly lost for hours.  There are no paths, only the […]

04Nov 2021

How Do I Register My Trademark in a Foreign Country? Part II

November 4, 2021 Trademark
Globe

The WIPO website devotes a whole page to the “benefits of the Madrid System”. From it, you can glean four principal advantages: (1) it is equitable, that is, it is available to “small startups” or “large multinational” organizations alike; (2) it is convenient; (3) it is global in reach; and (4) it is cost effective. Let’s examine each […]

21Oct 2021

Ask Dr. Copyright © About the Difference Between an Intellectual Property Attorney and a Patent Attorney

October 21, 2021 Copyright
Question on a Keyboard

Dear Doc: What’s the difference between an “Intellectual Property Attorney” and a “Patent Attorney”?Signed,Thinking of Applying Dear Thinker: You may not know it, but the Doc is BOTH! Under the Patent Law (37 U.S.C. §11.5), a person who wishes to represent others before the United States Patent and Trademark Office (USPTO)  in patent matters (a […]

14Oct 2021

If Artificial Intelligence is the Inventor, Who Gets the Patent?

October 14, 2021 Patent
artificial intelligence

Artificial intelligence (‘AI’) can be pretty smart – smart enough to create new, useful and non-obvious inventions. Take, for example, Dr. Stephen Thaler’s AI tool ‘Device for the Autonomous Bootstrapping of Unified Sentience’ (‘DABUS’).  DABUS created two inventions, a light beacon and a food container.  Dr. Thaler applied for patents for those inventions around the world, […]

07Oct 2021

How Do I Register My Trademark in a Foreign Country? Part I

October 7, 2021 Trademark
Globe

National Filing. The first method consists of directly filing a trademark application in the foreign country. This is commonly referred to as a “National Filing.” Typically, your US attorney will retain a trademark attorney in the country where you wish to register your trademark. You provide the foreign attorney with a power of attorney and […]

09Sep 2021

Not So Happy Together: Ninth Circuit Says No Public Performance Rights in Turtles Pre-1972 Recordings

September 9, 2021 Copyright
The Turtles

What happens when Congress is unable – for almost 50 years – to figure out how to protect recorded music? Specifically, music recorded before 1972? Messy litigation involving the Turtles is what happens. First, some background. Almost 50 years ago, Congress passed the Sound Recording Amendment to the 1909 Copyright Act, which provided copyright protection […]

02Sep 2021

When is a Design Obvious?

September 2, 2021 Patent
Mousetrap Patent

When most inventors think of a patent, they think of a better-mousetrap type patent, known as a utility patent.  A utility patent protects what an invention is and how it works.  U.S. Patent 269,766 for a mousetrap that plugs a mouse with  a bullet from  a  .44 is an example of a utility patent.  Our […]

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