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Supreme Court Finds Google’s Copying of API to be Fair Use
April 20, 2021
The Supreme Court has decided in favor of Google in a copyright case that pitted the software company against Oracle, the owner of the popular Java programming language. When creating its Android platform for smartphones, Google copied about 11,500 of declaring…
Read MoreIP Gotchas: Protecting Software IP
February 25, 2021
Software is enormously valuable. Of the top 10 largest companies today, only Saudi Aramco and Berkshire Hathaway are not in the software business, but even they could not survive without it. The others – Apple, Microsoft, Amazon, Google, Tencent, Facebook,…
Read MoreIP Gotchas: Open Source Software
November 9, 2020
Many companies use open source software to produce goods and services, and many also actively develop software using open source libraries and modules. Open source software is commonly used for online software services, smart phone apps, downloadable executables, or embedded…
Read MoreIP Gotchas: Patenting Neural Networks
October 12, 2020
The demand for improvements in autonomous technology is accelerating. Memory and processing power has continued to grow exponentially cheaper, but the volume of data to process has exploded making it nearly impossible for traditional data analysis techniques to provide timely…
Read MoreStudy Shows that Recent Guidance Documents Published by USPTO Regarding Subject Matter Eligibility are Proving Effective in Reducing Uncertainty
June 18, 2020
The United States Patent and Trademark Office (USPTO) recently published a study titled “Adjusting to Alice” that provides the results of an examination of patent examination outcomes after the Supreme Court’s decision in Alice. This study found that recent efforts…
Read MoreIP Gotchas: The Patent System
June 11, 2020
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…
Read MoreWebinar: Copyright basics and considerations for entrepreneurs and small businesses
June 9, 2020
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…
Read MoreWoodard Emhardt Celebrates World IP Day
April 22, 2020
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,…
Read MoreChanges in USPTO Rules Due to the Coronavirus Outbreak
April 6, 2020
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…
Read MoreIP Gotchas: Failing to Recognize Your Company’s Intellectual Property Assets
March 26, 2020
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…
Read MoreDebunking the "Poor Man's Patent Myth"
March 19, 2020
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…
Read MoreUsing a Webpage as a Specimen for Products Associated with a Trademark
April 18, 2019
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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