One of the requirements for obtaining a patent is to provide an application that contains a very specific description of the invention, or in the words of the patent statute: “The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, […]
Blog – Adam Garson Law
The PTO announced a pilot program to speed review of patent applications for green technologies. A pending application can be advanced in the review queue if the application falls within any of several pre-approved technologies and if the applicant submits a petition to ‘make the application special.’ The PTO is waiving petition fees for the […]
Using Trademarks Where They Don’t Belong
January 28, 2010
Trademark
Trademarks (and service marks) identify the source of products and services, while trade names are short hand references to businesses. Some company names are, indeed, used as trademarks; that is, they identify the product or service of the owners. Two that come to mind are Coca-cola® and Microsoft®. Proper trademark usage requires placing your mark […]
For the past 5 years, our partner Lawrence Husick has been co-teaching the Managing Innovation course at the Whiting Graduate School of Engineering at The Johns Hopkins University. Beginning in the Summer Term 2010, he and Dr. Ed Addison will offer “Managing Innovation in the Life Sciences” as a distance learning course in the Hopkins […]
Planning to License or Sell Your Patent? Caution Advised!
December 22, 2009
Patent
The recently decided case of Hewlett-Packard v. Acceleron (C.A.F.C. 2009-1283) serves as a warning to any patent owner wishing to offer a license to a patent. If you’re in that position, be careful or you may end up in court. Here’s why. In the distant past (which, in this instance, means before 2007) a patent […]
When Your Trademark has been Registered as a Domain Name
December 22, 2009
Trademark
You’ve expended time, money, blood, sweat and tears branding your products and services. You are finally ready to take the next logical step, setting up a web site to establish your presence on the Internet. You set about to register your trademark as a domain name and you find that a trademark pirate has beaten […]
And the Oscar® for Most Innovative Marketing Goes to …
December 22, 2009
Patent
Global Findability, which alleged in a lawsuit that Nicholas Cage’s character in the new film “Knowing” infringed Global Findability’s patent 7,107,286. The patent addresses storing global position and altitude information “into a single discrete all-natural number geospatial coordinate measurement representation for identification of a geospatial positional location. . .” In the movie, Cage’s character perceives […]
On December 1, 2010, the Federal Trade Commission (FTC) promulgated new guidelines governing endorsements and testimonials. Although the guidelines — being just “guidelines” — do not have the force of law, they do provide insight on how the FTC will interpret the law. The guidelines cover endorsements by bloggers, consumers, experts, and organizations. Let’s look […]
You Don’t Have to Wait Until your Patent Issues.
November 26, 2009
Patent
A question we hear often is, “Don’t I have to wait until my patent issues to_________?” The blank is usually filled in with such items as “raise capital”, “license my invention”, or “disclose my invention to others.” In each case, the answer is an emphatic “NO”. And it’s a good thing, too, since the time […]
What’s in a Name? Choosing a domain name can be tricky business
November 26, 2009
Internet Law, Trademark
Today, a presence on the Internet is a vital part of business marketing and sales. That presence is typically represented by the existence of a web site hosted on a particular domain name. A domain name is the portal to your business and is an important part of the overall marketing process. Picking a domain […]