Patent appeal process and procedures
The patent appeal process allows an applicant to bypass an examiner and request that the Patent Trials and Appeal Board (PTAB) independently … Read more
Beware the “on-sale bar”
A patent is invalid if the invention was sold more than a year before filing (on-sale bar), and the recent “Helsinn v … Read more
Patent forum shopping
In the TC Heartland v. Kraft Food case, the Supreme Court ruled that the Eastern District Court of Texas is no longer … Read more
Blurred lines: copyright AFC tests
The “Blurred lines” music copyright case went wrong because courts are not using modern “abstraction-filtration-comparison” AFC tests. Copyright covers creative expression but … Read more
Intellectual property for cheerleaders
Functional copyrights? In Star Athletica v Varsity Brands, the Supreme Court ruled that copyrights can cover the industrial designs of clothing, 3D … Read more
Terminating copyright transfers
Terminating copyright transfers: Someone in your family write something years ago that was a hit? Copyright transfer termination laws might let you … Read more