Dear Doc: A friend of mine (if ya know what I mean) uses peer-to-peer (P2P) file sharing software. She downloads cool things from the Internet, but then sorta-kinda-almost instantly erases them from her computer. Is this okay? Signed, MovieFan Dear Fan: Ahem…If I were your friend, I would stop doing that stuff. NOW! You see, […]
Blog – Adam Garson Law
‘Best Mode’ Under the America Invents Act
November 30, 2011
Patent
‘Best mode’ is the requirement that a patent applicant disclose the best way that the applicant knows to practice an invention. The purpose of the ‘best mode’ requirement is to fulfill the public disclosure goals of the patent system by preventing a patent applicant from obtaining a patent while at the same time keeping the […]
One of the exclusive rights in copyright granted to the creator of a work is the right to distribute it. For instance, if you self-publish a book — a popular activity these days — you also have the exclusive right to make copies and distribute them to whomever you want. The distribution right, however, is […]
Trademark Infringement Cases on the Rise
November 30, 2011
Litigation, Trademark
Trademark owners are now litigating more than ever to preserve their brand names and logos. They are taking aggressive stands with much success. Here are some recent examples. Courts are enforcing the law of trademark infringement and trademark dilution to prevent unfair competition, a commercial tort designed to promote fair and honest competition. To preclude […]
Privacy We Give Up for Cell Phone Convenience
November 30, 2011
Internet Law
Most of us use our cell phones for business and personal use. For instance, in the car returning from a family Thanksgiving celebration, my wife read her business e-mail, checked the weather, referred to a map for our location, and browsed for Black Friday sales. We all assume such phone activities are relatively private, but […]
America Invents Act, Part 2: ‘Prior Art’
October 31, 2011
Patent
This is the second of our newsletters to discuss the ‘America Invents Act,’ which was signed into law on September 16, 2011. The Act moves the US patent system away from ‘first to invent’ and to ‘first to file.’ So what does ‘first to file’ mean for an inventor or invention-owning business? The most important […]
Patent Reform Signed into Law
September 30, 2011
Patent
On September 16, 2011 President Obama signed the ‘America Invents Act‘ into law. More than five years in the making, the Act will have profound consequences for inventors, for companies whose employees create inventions and for persons accused of patent infringement. Over the next several newsletters, we will bring you up to speed and explain […]
America Invents Top 10 List
September 30, 2011
Patent
What should you know about the Patent Reform Act? 1. Rights to a patent will be determined by who filed first, not who first conceived the invention. To preserve patent rights inventors should consider filing one or more provisional patent applications very early. 2. Marking products with an expired patent is no […]
Crucial Information for Inventors
September 30, 2011
Patent
The America Invents Act at section 102 changes the way that inventors and companies that own inventions do business. In one of the most important developments for inventors and invention owners, ALL U.S. PATENT RIGHTS IMMEDIATELY TERMINATE if any of the following events occurs on or after March 17, 2013, unless the inventor has filed […]
USPTO Re-Starts “Fast Track” for Patents
September 30, 2011
Patent
As of September 26, 2011, you can now pay for quick review of your patent application. The PTO will commit to reviewing your patent application within one year. Great, you say. What’s the hitch? The answer: it’s expensive, as in $4,800.00 for a large entity and $2,800 for a small entity, on top of all […]