IP Gotchas: The Patent System

Many times Businesses form and thrive because of a revolutionary product like the smart phone, or because of a new service model like ride sharing. These products and services often include novel processes for solving old problems, or new and…

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Webinar: Copyright basics and considerations for entrepreneurs and small businesses

Entrepreneurs and small businesses owners – Register to attend a free webinar about the basics of copyright and receive insights into copyright registration and enforcement. The 90-minute program is on Tuesday, June 16, from 1-2:30 p.m. ET. Specifically designed for…

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Woodard Emhardt Celebrates World IP Day

Sunday, April 26 is World Intellectual Property Day, a day to celebrate and learn about the role that intellectual property rights play to encourage and facilitate innovation and creativity.  Originally created by the World Intellectual Property Organization (WIPO) in 2000,…

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Changes in USPTO Rules Due to the Coronavirus Outbreak

The United States Patent and Trademark Office has made several temporary rules changes in response to the coronavirus outbreak. These rule changes include: Extension of patent and trademark related deadlines. On March 31, the USPTO announced extensions to the time…

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IP Gotchas: Failing to Recognize Your Company’s Intellectual Property Assets

Companies routinely focus on development and marketing of new ideas, particularly in the early days as a startup. Protecting intellectual property is often set aside for later after the idea takes off and the marketplace has indicated “there is something…

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Debunking the "Poor Man's Patent Myth"

Myth: If I write down my invention and mail it to myself through the USPS, I will receive some level of patent protection on my invention. (In some versions of the myth, I will receive protection only if I do…

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Using a Webpage as a Specimen for Products Associated with a Trademark

When registering a trademark, the Patent and Trademark Office requires the submission of a specimen to show that a trademark is being used in interstate commerce.  It is often tempting to simply submit a screenshot of a webpage showing the…

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Amazon Debuts New Pilot Program to Combat Utility Patent Infringement

It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon.  Often the seller is new and/or located overseas. …

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USPTO Gives New Guidance on Software Inventions

Earlier this month, the United State Patent and Trademark Office released new guidance for its Examiners to help them better determine when an invention is too abstract to be patentable. This latest effort by the Patent Office brings more clarity…

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IPR Is Here to Stay, With Even Greater Stakes

On April 24, the Supreme Court issued two important decisions on the availability and scope of post-grant Inter Partes Review (IPR) by the U.S. Patent and Trademark Office. The IPR process allows the PTO to review and potentially cancel claims…

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USPTO Increasing Patent Fees for 2018

The USPTO has issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees. Notably, the rule increases a large number of fees including filing fees, search fees, examination fees, and…

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AIPLA Provides Legislative Proposal on Patent Eligible Subject Matter

The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in…

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