After you’ve spent time and money on arriving at the ideal brand name or trademark, determining its availability, prosecuting the mark, and finally, obtaining registration with the U.S. Patent and Trademark Office, you are relieved to receive your Certificate of Registration. But is registration the last word on trademark protection? The U.S. Government estimates that [...]
New guidance to Examiners from the USPTO provides additional clarity around the use of 35 U.S.C. § 101 to reject patent applications as directed to an “abstract idea.” Since the 2014 Supreme Court decision in Alice Corp. v. CLS Bank International, many patent applicants have faced a novel ground of rejection from Examiners asserting that [...]
Often multiple types of intellectual property cover a product. For example, trademarks, trade secrets, and patents may all cover different aspects of the same product. The overlapping coverage can result in multiple different claims of infringement resulting for one sale of a covered product. The question then becomes, “can the rights owner recover for each [...]
