On June 26, 2015, 52% of the voting public in the United Kingdom told the European Union that they needed some distance in what is referred to as Brexit. The question facing many businesses is, how does this affect our intellectual property filing strategy going forward? The..
What Life Technologies v. Promega Means for Biotech Patent Law
On February 22, 2017, a unanimous U.S. Supreme Court decided in Life Technologies Corp. v. Promega Corp. (14-1538) that supplying a single component of a multicomponent invention for manufacture abroad is not a violation of the Patent Code.
The Book on Patenting: Is My Idea Novel?
To meet the USPTO’s standard of novelty during the patent application process, your invention has to be different than all others that have come before it. If your invention has been publicly disclosed or sold anywhere in the world, it isn’t patentable. But don’t get..
Blackbird V. Netflix: Is This Patent Troll for Reel?
On February 1, 2017, Blackbird Technologies, a company based out of Boston; Chicago; and Concord, Massachusetts; filed suit against Los Gatos, California-based Netflix, Inc. in Delaware federal court for patent infringement. Blackbird, a company that does not create software,..
Patent Rights and Death
One question that arises for inventors is what will happen to their issued patent rights after their death. Determining who holds the rights to an issued patent after the inventor’s death depends on the actions taken, or not taken, during the inventor’s life.
What the BPCIA Means for Intellectual Property Rights in 2017
In 2017, the Biologics Price Competition and Innovation Act (BPCIA) may be affected by a partial or complete repeal, or a revision, of the Affordable Care Act (ACA). The BPCIA is a set of laws enacted in March 2010 that became Title VII of the ACA. The Trump administration has..
Self Service: Can I file a Trademark Myself?
Can I file a trademark myself? Sure, you could. But just because you can doesn’t mean you should. If you’re in the business of inventing and creating, it’s tempting to cut corners to save a buck or two. But you’ve spent countless hours with getting your brand, business, or both..
The Core of Samsung v. Apple
It was the first design patent case heard by the Supreme Court of the United States in more than 100 years and the trial of the century for anyone with a stake in the technology industry. A unanimous decision in favor of Samsung was heralded by the company as a victory for all..
CRISPR and Patent Interference
The intellectual property rights surrounding the genome editing tool CRISPR-Cas9 has caused more commotion in the legal world than one might expect from a scientific patent. The technology is being hailed as the scientific discovery of the century, but with a patent interference..
WELL, THAT .SUCKS! A NEW DOMAIN COULD HARM YOUR BRAND
Starting March 30th, the new generic top-level domain (gTLD) “.sucks” will be available for registration. The most commonly known gTLD’s are .com, .net, and .edu. The new .sucks gTLD is one of over a thousand new and forthcoming gTLD’s approved by the non-profit corporation,..