Monthly Archives: November 2012

Using the right symbol for you mark

What do the intellectual property symbols ®, ™, and SM mean and when can you use them? The proper usage of these symbols is important for advertising, articles, blog posts, blurbs, and anything published either in paper or digital format … Continue reading

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See? Lawyers can be funny, too.

I love a sense of humor, especially when trying to make a point with a bit of sarcasm. I applaud the creativity of attorney Bob Kohn in the case of United States v Apple et al. (Civil Action No. 12-CV-2826). … Continue reading

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Rochester’s technology unfazed by Kodak’s fall as small business show their flexibility

Rochester is feeling the impact of the Kodak bankruptcy. However, there are signs that the economy is recovering through small and midsized technology companies and start-ups. Over the past year, there has been a steady increase in patent applications and … Continue reading

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Working with the USPTO system: techniques for writing a patent application

When a patent drafter crafts the disclosure (the specification and drawings) in a patent application, there are techniques that can be used to position the application in the best possible way to overcome (and avoid) some of the most common … Continue reading

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Is it worth arguing a restriction requirement?

It appears that more than half of patent applications are issued a restriction requirement, in which a Patent Examiner believes your claims contain more than one invention and asks you to elect one invention to be examined. The other invention’s … Continue reading

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To be detailed or not to be – that is the question

A patent provides protection for that which is outlined in the claims. You want to have the broadest protection possible, but the claims cannot be written so broadly that the description of the invention is no longer objective. If the … Continue reading

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Nine strategies to overcome Section 101 rejections for personalized medicine and DNA-related subject matter

Over the past few months, Applicants have been receiving Section 101 rejections for non-patentable subject matter, especially where the subject matter involves personalized medicine and DNA-related compositions and methods. To successfully rebut these rejections, and in preparing newly filed disclosures … Continue reading

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Using a non-compete and non-circumvention agreement as part of your IP protection strategy

Clients often come to me with the same scenario: they have a great idea for a new product or service, but to get the business plan together, they need to speak with vendors, customers, investors and others who may be … Continue reading

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How to secure a lien on a patent as a secured creditor

Have you loaned money to a patent holder? Is the patent pledged as Collateral to secure the loan? What steps do you need to take to secure your lien rights in the patents? Confirm that the potential debtor has the … Continue reading

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Copyright or Copyleft?

What is a copyright? The copyright symbol, or copyright sign, designated by © (a circled capital letter “C”), is the symbol used in copyright notices for works other than sound recordings (which are indicated with the ℗ symbol). The use of … Continue reading

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