Blog – Adam Garson Law

  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 […]

Designs for patents

The Internet-enabled business method patent just clutched its chest and fell over dead.The cause of its demise is theUltramercial v Hulu (Fed. Cir. 2014) case in the Court of Appeals for the Federal Circuit.  The Ultramercial patents address a typical Internet-enabled business method.  Under the patents, a consumer agrees to view an advertisement and then […]