Posts Tagged: "intellectual property"

SCOTUS Justices Lob Tough Questions at Both Sides in Prince-Photo Fair Use Fight

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

The Pride in Patent Ownership Act is Big Tech Boondoggling

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.
The Pride in Patent Ownership Act requires those who acquire patents to publicly register their ownership assignments with the U.S. Patent and Trademark Office (USPTO) within 120 days. Thus, it serves to identify potential patent infringement plaintiffs. If the patent holder misses the 120-day deadline, an extremely harsh penalty of losing treble damages for willful infringement, the sole remaining deterrent to willful infringement, is applied.

Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

Presenting the Evidence for Patent Eligibility Reform: Part II – Harm to R&D Investment, Innovation and U.S. Interests

The muddled state of patent eligibility law has direct and significant negative consequences for U.S. R&D investment, and for innovation in key fields of medical, economic, and strategic importance to the United States and its citizens. Uncertainty reduces R&D investment, as has been well-documented, and reliable patent protection mitigates uncertainty and generates increased R&D investment. As we explained in Part I of this series, the experts overwhelmingly agree on these points.

Implementing IP Management Software (Part I): Identifying Complexities and Dangers During Implementation

Imagine that your family has decided to build a new home. You’ve got the vision, but you need to call in the pros—a well-established, highly expert homebuilder with a cadre of architects, designers, contractors, and tradespeople. You’re relying upon the builder’s expertise to thoughtfully scope the project and prepare you for what lies ahead. This includes (a) helping you understand what financial and other commitments will be required of you; (b) educating you on challenges you’ll face along the way; and (c) highlighting available offerings that align with your vision….. Now imagine that your company or law firm has decided to implement intellectual property management software (IPMS) with a vendor. In a worst-case implementation scenario, you may feel like you’re reliving the above homebuilding saga. Indeed, IP teams often embark on the IPMS journey with great optimism. Once in the thick of implementation, however, they may experience a turbulent journey.