October 2011 Newsletter
A Summary of the America Invents Act
On September 16, 2011, President Obama signed into law the “America Invents Act”which makes sweeping changes to the U. S. patent system. Congress’s primary goals were to further enhance opportunities for innovation and entrepreneurial investment, to better harmonize U. S. patent laws with those of other countries, and to streamline patent office procedures.
Supreme Court Clarifies Patent Ownership Under Bayh-Dole Act
As a result of Leland Stanford Junior University v. Roche Molecular Systems, Inc., No. 09-1159, organizations and universities subject to the Bayh-Dole Act should construct more effective assignment agreements with their employees instead of relying on the Bayh-Dole Act to automatically vest title.
Another Reason to Keep Lab Notebooks—Tax Credits Upwards of 7-10%
Law firms and in-house attorneys are always asking inventors to keep lab notebooks. There are a number of reasons to keep such documentation, including seeking patent protection, but there is another reason that is often overlooked, substantial tax credits.
Trademarks and Copyrights
ICANN Approves New Generic Top-Level Domain Names, Including The XXX Domain
ICANN’s Board of Directors has approved a plan to allow an increase in the number of internet address endings, otherwise known as generic top-level domain names (gTLDs). Currently 22 gTLDs exist, with .com being the most utilized. However, internet address names will soon be able to end with almost any word in any language, offering organizations around the world the opportunity to market their brand, products, community or cause in new and innovative ways.
Do you work with copyrights? If so, do not forget about an author’s rights to terminate transfers and licenses.
The copyright act provides the authors of transferred or licensed works the opportunity to recapture his or her rights. This means that after waiting a specific period of time, an author, or an author’s estate, can terminate a prior transfer or license. Such terminations can have a dramatic impact on a company’s rights to use certain intellectual property or the rights to revenue from certain copyrighted works.
A Tougher Standard for Proving Inequitable Conduct?
In a 6–1–4 decision, an en banc Federal Circuit in Therasense, Inc. v. Becton, Dickinson and Company tries to cure the “plague” of inequitable conduct pleadings by raising the bar for proving that alleged bad acts were material to patentability and that the patentee undertook the alleged bad acts with intent to deceive the Patent and Trademark Office.
2011 Midwest Intellectual Property Summit
The 2011 Midwest Intellectual Property Summit, organized by Woodard, Emhardt attorney, Holiday W. Banta, will be held November 17th and will showcase presentations on the latest research and topics of concern in the field of intellectual property. Woodard, Emhardt attorneys presenting at the Summit include T.J. Cole, Michael Morris and Spiro Bereveskos.
Bill McKenna Selected for Indianapolis Bar Association’s Bar Leader Series
Woodard, Emhardt associate Bill McKenna was selected for the Indianapolis Bar Association’s Bar Leader Series. The Indy Bar’s Bar Leader Series is designed to develop lawyers for future opportunities in leadership roles in business and legal communities. Through the series, selected lawyers will learn how to communicate, motivate, inspire, and succeed not only in their law career, but also in service to professional, political, judicial, civic, and community organizations.