Blog – Adam Garson Law

Designs for patents

The PTO intended that its secret Sensitive Application Warning System (‘SAWS’) program would avoid embarrassment to the agency by requiring additional layers of review for potentially controversial patent applications.  The program had exactly the opposite effect and the patent community harshly criticized the PTO for the secret and arbitrary nature of the program.  The PTO […]

Congress

It’s Spring, so the thoughts of the lobbyists representing high-tech heavy weights turn to crippling the U.S. patent system.  Competing bills are already pending in Congress.  Why do the giant high-tech companies do it? The sound-bite reason given is to stop the depredations of patent ‘trolls;’ that is, entities that own patents but that do […]

Question on a Keyboard

Ask Dr. Copyright … Dear Doc: I watched the Big Game (a/k/a SuperBowl®) and though I enjoyed the game (I would report the score, but that might make the NFL angry, since they told us that unauthorized use is strictly prohibited) I really enjoyed the halftime show. My favorite part was the dancing sharks behind […]

  The U.S. Patent and Trademark Office issues both ‘utility’ and ‘design’ patents.  A ‘utility’ patent protects how something works (e.g., the better mousetrap).  A ‘design’ patent protects the appearance of the thing (e.g., a mousetrap bait that resembles cheese).  Design patent law in the U.S. is about to change.  The U.S. has taken the […]

Designs for patents

The U.S. Patent and Trademark Office has a secret Sensitive Application Warning System (‘SAWS’) program for extra review of patent applications where action might embarrass the agency.  The problem is how the program functions and which applicants and applications are subject to SAWS are all secret.  We know only the broadest guidelines for the program […]

The-Top-Computer-Companies-In

It’s not very often that the United States Supreme Court decides a trademark issue but this month the Supremes delivered an opinion on a question of trademark law called “tacking.” So what is “tacking?” If you know, you probably should be reading a more advanced blog, but if you don’t, tacking is a doctrine for establishing […]

Question on a Keyboard

Ask Dr. Copyright … Dear Doc: What can you tell me about “Panoramafreiheit”?Signed, An American in Paris Dear Mr. Mulligan: Gesundheit! But seriously…you must be referring to the European Union’s 2001 Information Society Directive that states that photos of architectural projects in public spaces (monuments, buildings, etc.) may be taken and published free of copyright […]