The delay between the filing of a utility patent application to the first office action by the PTO averages three years. The PTO is considering whether to offer multiple options for patent application review in an effort to reduce the delay. The proposal would allow the applicant to select fast, medium or slow review. For […]
Blog – Adam Garson Law
With the economy slow to recover, many firms, both for-profit and not-for-profit are offering summer internships, rather than paid positions. Sounds good, right? The employer gets free labor, and the intern gets experience and resume enhancement. What could be better? Well, it turns out that paying a fair wage could be better because both federal […]
Patent Prosecution Highway
May 28, 2010
Patent
Our economy is global and an invention that is valuable in the U.S. likely is valuable in other countries as well. The Patent Prosecution Highway allows for expedited review of corresponding foreign patent applications upon the allowance of a U.S. patent application. If a patent applicant receives a decision from the U.S. PTO that at […]
International Piracy Makes the Headlines
May 28, 2010
Copyright
In 2003, then Senator Joe Biden and three other Congressmen formed the Congressional International Anti-Piracy Caucus. In an invitation to Congress, the Caucus wrote that “Our bipartisan Caucus will work to support congressional efforts to deal with the problem of piracy and Administration efforts to obtain strong intellectual property protections in the context of international […]
Though unusual, United States trademark law does permit registration of scents, colors and sounds. Scents are protectable as trademarks only if they are used in a “non-functional” manner. For example, a perfume scent is considered functional and would not be registrable since perfume is sold mainly for its fragrance. Scent marks are rare and were […]
Patent Reform Lite
May 28, 2010
Patent
Reps. John Conyers (D – Michigan) and Lamar Smith (R – Texas), the chairman and ranking Republican on the House Judiciary Committee, are trying to resolve the problems of patent pendency and the current revenue shortfall at the United States Patent and Trademark Office (“PTO”). “Pendency” is the time from filing a patent application until […]
Dear Dr. ©: In old movies, the newsboys (newsyoungpersons now?) are always standing in the street (don’t their parents know that they could be hit by a horsecart?) yelling, “Extree! Extree! Read All About It!” and waving some yellow rag in the air. I remember hearing that facts in news stories can’t be copyrighted, but that […]
Expanding cyberspace beyond “.com”…
April 28, 2010
Internet Law
The Internet Corporation for Assigned Names and Numbers (“ICANN”) has proposed a program to introduce new top level domains (“TLDs”), which it states “will bring about the biggest change in the Internet since its inception nearly 40 years ago.” Presently, there are approximately 21 functioning TLDs and 250 country code extensions. In June 2008, the […]
Patent Reform is not Dead
April 28, 2010
Patent
The reports of the death of patent reform have been greatly exaggerated. A bill labeled ‘patent reform’ has been proposed for each of the last several years, but has never been able to garner the votes necessary to pass both the House and Senate. The reason is that the various patent constituencies have very different […]
Eyjafjallajokull — Force Majeure
April 28, 2010
Lipton Weinberger & Husick Blog
The interruption caused by Eyjafjallajokull has been devastating. Putting aside the personal inconvenience and expense suffered by airlines, passengers and the travel and vacation industries, the consequence to other businesses has been far reaching — missed deliveries and shipments, upset production schedules, canceled meetings, delayed or canceled business deals, and more. Believe it or not, […]