Monthly Archives: October 2012

The South Butt: a trademark infringement story

This story tickles my funny bone. A 16 year old student, Jimmy Winkelmann, started a company called The South Butt, producing a clothing line that was a parody of North Face. The product was wildly popular, but North Face was … Continue reading

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Color Trademarks: color as a competitive edge

The food and beverage industry has successfully exploited to its advantage the area of non-traditional marks. Color has been an extremely effective branding tool for many businesses. Think about how well recognized colors such as John Deere green, Kodak yellow, … Continue reading

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Implications of the AIA: Getting Ready for March 16, 2013

There is so much talk about the significant changes to US patent law from the America Invents Act, especially the controversial changes that go into effect on March 16, 2013. The following is a nitty-gritty rundown of the effects of … Continue reading

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Defensive strategies – blocking competitors’ patent efforts

The America Invents Act (AIA) now allows third parties to participate in patent prosecution by submitting prior art to the Examiner within nine months after the patent application publishes The prior art must be accompanied by a statement explaining the … Continue reading

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Prior art defined before and after March 16, 2013

Much of the AIA is now in effect. However, the most controversial changes in patent law won’t come into play until March 16, 2013. These include the critically acclaimed First inventor to File One year personal grace period Expanded definition … Continue reading

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The intersection of PCT and AIA: important changes in 2012

The America Invents Act significantly changes US patent law and has been a major topic of discussion in the patent community for months. There is one aspect of these changes that does not get as much focus – the impact … Continue reading

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Reclaiming your copyright rights

There is a lot of talk about copyright termination rights of late, as the earliest opportunity for post-1978 copyright grants is coming up in 2013. Bruce Springsteen’s Darkness on the Edge of Town,” Billy Joel’s “52nd Street,” and Kenny Rogers’s … Continue reading

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Patent Maintenance Fees

Maintenance fees are due at three points following patent issuance: 3 ½ years; 7 ½ years; and 11 ½ years, and the current fees are $1,130, $2,850, and $4,730 respectively (with 50% discounts for small-entities). An additional six months can … Continue reading

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Licensing Availability of PCT applications

As of January 2012, WIPO’s PATENTSCOPE website became an audience for patentees to offer their patent for license. To participate in this program, an applicant can file a PCT/IB/382 form. The patent applicant can also include a letter describing pertinent … Continue reading

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Expired patents may put invention in public domain

Many people do a Google patent search to see if a patent already exists that describes their invention idea or something close to it. When they locate one or more patents, they automatically presume that they will be unable to … Continue reading

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