Monthly Archives: February 2013

In Consideration of Design Patents

After the recent wars between Apple and Samsung, the patent world has learned that design patents offer stronger protection than conventionally believed. This keeps them on the list of protection strategies to consider for new products. The allowance rate for … Continue reading

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Sample copyright notice for downloadable e-books

Self-publishing is a popular choice among newer or small volume print authors. Do you know how to give copyright notice of your rights? You can use a notice like this to provide notice of your rights when you publish your … Continue reading

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Take note of Consent Agreements

Lawyers often help companies settle trademark disputes with consent agreements. These are agreements where the parties agree not to engage in certain behavior that could infringe the marks of the other party. It is remarkable how often the companies do … Continue reading

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Should I file an RCE?

When a final office action rejects one or more claims in a U.S. patent application, the applicant has several procedural options: Do nothing and let the application go abandoned; Expressly abandon the application; File a Request for Continued Examination (“RCE”) … Continue reading

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Australia IP’s Headstart Program for Trademarks Fast Tracks Registration in Australia

Under the Headstart accelerated examination system (AU$540 official fees), IP Australia will issue a confidential assessment within 5 working days as to whether or not the mark will encounter any official objections, including any potential cited prior trademarks. If the … Continue reading

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What a Craft Brewery Needs to Know about Sponsoring Photo and Video Contests

Photo and video contests usually center on consumers using the sponsor’s product or service. The use of smart phone cameras has fueled the popularity of these internet contests for both consumers and sponsors. These can be especially popular marketing endeavors … Continue reading

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Luck of the draw: patent examiner assignment

Luck really does play a role in the patent process. Although most inventors and patent practitioners will not be surprised by Shine Tu’s findings, an empirical study of over 10,000 patent applications concludes that there is a wide variation in … Continue reading

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High Rate of Abandonment of Provisional Patent Applications

More than half of provisional patent applications are abandoned without ever reaching the non-provisional application stage. Thus, the protection lasts for only 12 months. Provisional applications are seen as a low-cost way to claim a priority date and to delay … Continue reading

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Tips for start-ups: due diligence with investors or lendors

Start-ups seeking debt or equity financing will endure a due diligence process conducted by lenders and investors. Failure of the entire management team to be prepared and to have the same vision and supporting documents can stop a deal from … Continue reading

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Non-traditional trademarks – Color Trade Dress

In other blog articles, we have considered the registration of nontraditional marks such as color for USPTO protection under the Lanham Act. Colors are an especially powerful mark for a company, but the burden to show the color mark should … Continue reading

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