Securing Additional Patent Life Beyond The Statutory Defined Time Limit
The time it takes to receive a first office action on the merits from the United States Patent & Trademark Office (USPTO) averages around 18-24 months from the filing date. Depending on the art unit, this time can reach well over 3 years. Moreover, the average time it takes for a patent to grant from […]
America Invents Act Prior Art Submission
The America Invents Act (AIA), also known as the Leahy-Smith America Invents Act, (named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX)) was signed into law on Sept. 16, 2011. The ACT was enacted, inter alia, to improve patent quality and provide more certainty in patent litigation. To address the […]
Jordan v. Qiaodan: Trademark Battles in China
Earlier this year, Michael Jordan announced the filing of a lawsuit in a Chinese court against Qiaodan Sports Company Ltd., alleging that the company has been using his name and jersey number (23) in China without permission. “Qiaodan” is a Chinese pronunciation of “Jordan,” and along with the Chinese company’s use of the “Qiaodan” mark, […]
Google’s New Wave of Advertisements is Ringing in the Ear
From keyword advertising to Gmail advertising, Google consistently finds innovative ways to allow marketing to wade into an Internet user’s personal space. Such practices by Google have become the norm and have been very profitable for the Silicon Valley starlet. However, just as society starts to become keenly aware of Google’s Internet advertising tactics, the […]
Post-Grant Review, Inter-Partes Review, Inter-parties Re-examination
Effective September 16, 2012, the validity of an issued patent can be challenged using either post-grant review under 35 U.S.C. §321 or inter partes review under 35 U.S.C. §311. Post-grant review and inter partes review proceedings can be initiated by anyone “who is not the owner of a patent” by filing a petition with the […]
Inside the Virtual Coliseum: Yahoo! v. Facebook
While patent litigation between smartphone and other technology companies has been prevalent in recent years, patent litigation is relatively new among the social media and social networking champions such as YouTube, Twitter and Facebook. However, as Yahoo! adapts to compete with younger and more vibrant companies, the Internet giant has gone on the offensive to […]
Green Technology Pilot Program Now Closed: Expansion widened scope of green inventions to stimulate development, jobs and American pride.
The United States Patent and Trademark Office is no longer accepting Petitions to Make Special under the Green Technology Pilot Program. In addition, no requests for reconsideration based solely on a defective original petition will be considered. According to the USPTO, the program will meet its limit based on petitions that were previously filed and […]
What’s in a Name: Linsanity Off the Court
From Pat Riley’s “Three-Peat,” (U.S. Trademark Reg. No. 1,552,980) describing the quest of the 1989 Los Angeles Lakers for a third NBA championship, to Stacey King’s claims to “Too Big Too Strong Too Fast Too Good,” (U.S. Trademark App. No. 85/261,380) describing Derrick Rose of the Chicago Bulls, basketball has produced some of the more […]
To Pin or Not to Pin
From Facebook and LinkedIn, to Twitter and YouTube, social media websites have been redefining the way people connect, interact and do business. With the ability to instantly connect millions of users based on education, profession, interests and hobbies, the social media emergence has been exciting to say the least. Users can post images, videos, music, […]
Two Perspectives on the Vessel Hull Design Protection Act
Little Known, Seldom Used Protection in the Boating Industry byCarl J. SpagnuoloEntertainment, Trademark & Copyright Attorney What was once considered merely functional, and therefore not subject to federal copyright protection, is now protectable under Title 17, United States Code. The Vessel Hull Design Protection Act,(Title 17, Chapter 13), provides copyright protection for “Vessel Hulls.” Chapter […]
