This week the European Parliament approved a controversial copyright law, the “Copyright Directive” (“Directive”), that may have serious implications for both providers and consumers of online content in Europe. While this may not be relevant to most of our readership, it may be an important testing ground for changes in US copyright law. For example, […]

A patent is property and the claims of a patent determine the value of that property.  The words are important, folks.  Consider the following (fictitious) claim: A love detector, the love detector comprising: a computer configured to determine whether a user is in love That’s called a “functional” claim – the claim addresses what the […]

Dear Doc: How ya’ doin? I heard you wuz under da weather! Anyway, if you are feelin’ better, can I get a read on a new TV app called “Locast”? Signed,Vidiot   Dear Vidiot:   Thanks…the “Doc” is feeling much better and may soon be back in the office. In the meanwhile, the Doc will […]

It is widely known that China has been the source of cyber attacks against public and private entities in the United States. The nature and effectiveness of these attacks are of considerable concern. According to one estimate, cyber theft by the Chinese has cost the U.S. economy more than $300 billion annually taking into account […]

In a word, yes. Consider this situation:  An entrepreneur comes up with a new invention, let’s say, a self-inflating tire.  A big tire company, which has unsuccessfully tried to develop self-inflating tires for years, signs a non-disclosure agreement and comes to inspect the tire.  The non-disclosure agreement is a contract by which the big tire […]

You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent.  Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents.  That section states: Whoever invents or discovers any new and useful process, […]