Tangible or Intangible?  This is actually an interesting question. If you erect a sign displaying a trademark over a store, isn’t that a tangible representation of a trademark? Of course it is.  On the other hand, if you were to license your trademark for use by another company, you don’t transfer a physical representation of […]

Anyone who deals with patents should be familiar with the concept of prior art. ‘Prior art’ is critical to patenting and can prevent your invention from qualifying for a patent, even if it’s a great invention. Prior art generally is a prior publication such as a patent, patent publication, treatise, advertisement, article on the web, […]

The ‘Patent Trial and Appeal Board’ (‘PTAB’) has 174 administrative judges, who hear appeals of actions by the USPTO, such as denials of patent applications.  In the past, the USPTO has been accused of packing the PTAB panels with handpicked judges to reach a desired result in a particular case. Panels of the PTAB also […]

If one of your electronic car components fails or your cell phone dies, good luck getting it fixed or even diagnosed by a third party.  Your auto mechanic may not have the tools to diagnose the problem (and can’t get them) and good luck finding a third party to repair your cell phone.  Folks have […]

Dear Doc: I know that Mickey Mouse is still enjoying copyright protection because of the Sonny Bono Copyright Term Extension Act, and that once copyrights expire, characters become “public domain”. How can you explain some of the direct knockoffs I have seen at the Halloween stores, like “A-Lad-In A Costume?” Signed, Perplexed Papa Dear PP […]

  Here’s a familiar situation: the shuffling figure, arms outstretched moving slowly toward you, emitting indecipherable moans, munching on what could be human brains…  And the universal question: Is that a zombie or is it your teenage offspring?  The answer will determine whether you dispatch it in the most grisly way imaginable or feed it mac-and-cheese. […]