Certification Marks
Jordon Trapnell guest writes: Take a close look at the back of the electronics or appliances around your house, and it will be easy to pick out a variety of obscure little logos that don’t relate to the manufacturer. These…
Obviousness Standards under Joint Inventorship
How is obviousness of a patent claim considered when several individuals contribute to the claimed subject matter? Much analysis in patent law focuses on a person having ordinary skill in the art, or a “PHOSITA.” The PHOSITA is the touchstone…
Inventor’s Eye Features Prosthetic Patents
Inventor’s Eye, the Patent Office’s monthly online publication, features the intersection of technology and sport, a nexus of particular interest to me. It frames the conversation in light of the recently-completed London Olympic and Paralympic Games, in both of which…
What does “Patent Pending” mean?
Jordon Trapnell is a guest author on this post. He writes: The words “patent pending” can be seen on products just about anywhere you look. However, many people are confused by what it really means and what protection it offers. …
Disclaimer Required in TEAM LIVESTRONG Trademark
The Lance Armstrong Foundation recently lost an appeal at the Trademark Trial and Appeal Board regarding its trademark application for TEAM LIVESTRONG as it relates to the organization of sports events in the field of running, walking, cycling, and swimming;…
Patent Office Granting More Patents Each Year
The backlog of patent applications before the Patent Office has dropped from 700,000 to 600,000 in only about a year. Director Kappos has really helped push the Patent Office to become quicker (about 4 months faster initial exams than two…
Continuing the Continuation-in-Part Discussion
I wrote about continuation-in-part applications earlier this week. Consider this a continuation-in-part discussion. I’m turning now to explore some of the reasons you may or may not want to file a CIP application. And last week’s proviso remains: CIP application…
What is a Continuation-in-Part Patent Application?
A continuation-in-part (“CIP”) application is a special type of patent application. Today I’ll discuss what a CIP application is, and later this week I’ll go over reasons you might want to file a CIP or file an original utility patent…
Australia’s Cigarette Packaging and Trademark Owner’s Ability to Distinguish Themselves
I saw on the BBC a few days ago that Australia’s High Court had supported a new law requiring cigarette packs to be wrapped in some fairly revolting advertising. Australia already had very restrictive cigarette advertising laws. The packs will…
Done to Death?
Countless writers and bloggers, Yours Truly included, have written about a trademark owner’s obligation to protect its mark. The subject matter is cliched, but not for lack of importance. Patrolling and monitoring for improper use, and ensuring proper self-use and…