Posts Tagged: Guest Contributor


Patent Office Updates the Trial Practice Guide

The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …

Responding to Ransomware

Ransomware attacks are on the rise, partly because of the ease and anonymity of crypto-currencies. In a typical ransomware attack, cyber criminals invade a computer system and …
By Robert Braun
26 days ago 8

What is Director Iancu Proposing the USPTO do for §101 Analysis?

Director of the U.S. Patent and Trademark Office Andrei Iancu made some interesting remarks yesterday at the Intellectual Property Owners Association Annual Meeting in Chicago on …
By Kevin A. Rieffel
27 days ago 44

The Inventor Protection Act: Needed Momentum or More Harm than Good?

Recently, the Inventor Protection Act, H.R.6557, was introduced to Congress.  It’s a very well intentioned piece of proposed legislation.  However, it may actually do more …

Registering your website with the Chinese government?

Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
By Amy Hsiao
1 month ago 0

OEM Trademarks in the AfterMarket: Exploring the Boundaries

While there are certainly limits on how—and how much—aftermarket sellers can use OEM trademarks to communicate key information about aftermarket parts, the legal boundaries for …
By Susan Frohling
1 month ago 0

World Intellectual Property Indicators 2017: Design Patent Highlights

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. For the second consecutive year, the number of design applications filed worldwide continued …
By Tracy-Gene Durkin
1 month ago 0

Could Have, Should Have, Would Have

It is irresponsible for adults to give children who fail to complete their work credit based on the excuse that the children could have, should have, would …
By David Wanetick
1 month ago 35

Managing international trademark portfolios in the Age of Globalization

Managing international trademark portfolios in the age of globalization can be a fickle endeavor.  Ecommerce has blown the top off traditional thinking as it relates not only …

Trademark Enforcement Implications of Europe’s General Data Protection Regulation (GDPR)

The WHOIS database provides technical information about the date of creation and expiration of a domain, as well as contact information for the registrant of a website, …
By Jennifer Theis
1 month ago 1

Dissecting Dissents for Ex Parte Appeals

Dissent is not the highest form of judgment for judges on the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).  …
By Eli Mazour & Sora Ko
1 month ago 8

Is Europe really (*still*) moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
1 month ago 0

At Age 46, it’s Time to Retire Benson

contrary to popular notion, U.S. Patent No. 4,344,142 to James Diehr was not the first attempt to patent the idea of performing a real-time simulation of the …

The Federal Circuit’s Hidden Agenda

One might naturally expect that, if a rejection under § 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine …

EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color …
By Dr. Dariush Adli
2 months ago 1

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