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# Thomas W Galvani, PC

Patent Law | Trademark Law | Copyright Law

## Sitemaps

- [XML Sitemap](https://galvanilegal.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Blog](https://galvanilegal.com/blog/) - Stay informed about the latest in intellectual property, patents, and trademarks. Explore our insightful blog for valuable industry updates and expert analysis.
- [Patents Explained: Drawings](https://galvanilegal.com/patents-explained-drawings/) - Explanation of drawings in a patent application.
- [Top Reasons a Patent Application Gets Rejected](https://galvanilegal.com/top-reasons-a-patent-application-gets-rejected/) - A patent application is frequently rejected for a few main reasons: novelty, obviousness, or issues with the specification or drawings.
- [Intent-to-Use Trademarks](https://galvanilegal.com/intent-to-use-trademarks/) - Intent-to-use trademarks are trademark applications that can be filed before the trademark is actually used in the marketplace with the products or services.
- [US Trademark Applications Based on Foreign Trademark Applications and Registrations](https://galvanilegal.com/us-trademark-applications-based-on-foreign-trademark-applications-and-registrations/) - US trademark applications can be filed on the basis of previously-filed foreign trademark applications. There are certain strategic reasons to file in this manner.
- [What is a Trademark Statement of Use?](https://galvanilegal.com/what-is-a-trademark-statement-of-use/) - A Statement of Use is a tool for providing proof that a trademark has been used in commerce, and thus satisfies the requirements for trademark registration.
- [What Does Patent Pending Mean?](https://galvanilegal.com/what-does-patent-pending-mean-2/) - Patent pending is a label that means the patent applicant has filed a patent application on an idea and is pursuing a granted patent on the invention.
- [What happens when a trademark owner dies?](https://galvanilegal.com/what-happens-when-a-trademark-owner-dies/) - The validity of a trademark can come into question when a trademark owner dies. Possible owners will likely have to take action to prevent abandonment.
- [Angelo's, In-N-Out Burger, and their Confusingly Similar Signs](https://galvanilegal.com/angelos-in-n-out-burger-and-their-confusingly-similar-signs/) - Angelo's sign and logo may be confusingly similar to the well known red, yellow, and white trademark displayed on In-N-Out Burger sign.
- [Why Should I File a Provisional Application?](https://galvanilegal.com/why-should-i-file-a-provisional-application/) - There are a number of reasons to file a provisional application, including securing a filing date, claiming patent pending status, and saving money.
- [What is a Service Mark?](https://galvanilegal.com/what-is-a-service-mark/) - A service mark is a trademark which is used for services, unlike a trademark which is used in connection with goods or products.
- [Understanding Certification Trademarks: A Comprehensive Guide](https://galvanilegal.com/understanding-certification-trademarks-a-comprehensive-guide/) - Certification trademarks are trademarks used to identify that a product or service meets certain standards of quality, safety, or other criteria.
- [Filing an Amendment to a Trademark Application After Issuance of a Notice of Allowance but Before Submission of a Statement of Use](https://galvanilegal.com/filing-an-amendment-to-a-trademark-application-after-issuance-of-a-notice-of-allowance-but-before-submission-of-a-statement-of-use/) - There are a few ways to make an amendment to a trademark application after the Trademark Office publishes a trademark but before a statement of use is filed.
- [Changing a Trademark From One Word to Two, or Two Words to One](https://galvanilegal.com/changing-a-trademark-from-one-word-to-two-or-two-words-to-one/) - Changing a trademark in an application is a risky amendment which needs to be handled extremely carefully and at the right time, so as to not risk abandonment.
- [Changing the Applicant Name in a Trademark Application](https://galvanilegal.com/changing-the-applicant-name-in-a-trademark-application/) - Changing the applicant name in a trademark application to correct an error or reflect a real-world change can be done, but it must be done carefully.
- [Revival of a PCT Application](https://galvanilegal.com/revival-of-a-pct-application/) - While revival of a PCT application is not possible, there are ways to revive the US-stage filing of such an international application, under certain conditions.
- [Does a patent assignment need to be notarized?](https://galvanilegal.com/does-a-patent-assignment-need-to-be-notarized/) - Does a patent assignment need to be notarized? Generally, no - in the US, there is no requirement that a patent assignment be notarized.
- [Importance of Patent Assignment Dating Practices](https://galvanilegal.com/importance-of-patent-assignment-dating-practices-2/) - Dating a patent assignment properly can have found an important and strategic effect on the ability to obtain a patent from an application.
- [Trademark Likelihood of Confusion, in Triathlon Products](https://galvanilegal.com/trademark-likelihood-of-confusion-in-triathlon-products/) - ROLA and POLAR have very similar trademarks, and very similar channels of distribution through the triathlon market. Is this trademark infringement
- [FBI Anti-Piracy Warning for Your Films](https://galvanilegal.com/fbi-anti-piracy-warning-for-your-films/) - Any sort of copyrighted work can bear the following warning: The unauthorized reproduction or distribution of this copyrighted work is illegal...
- [Can I patent something that is used for an illegal purpose?](https://galvanilegal.com/can-i-patent-something-that-is-used-for-an-illegal-purpose/) - This question was posed to me during a recent interview. Is it possible to patent something that is used for an illegal purpose or is used with an illegal substance, or is there a prohibition against such patents? Is patent protection available for radar detectors, methods of cooking cocaine, marijuana pipes? Generally, you can patent
- [Copyright Protection and Fonts](https://galvanilegal.com/copyright-protection-and-fonts/) - Original and creative fonts and typefaces may be eligible for copyright protection in some circumstances.
- [Is The Disney Font Copyrighted?](https://galvanilegal.com/is-the-disney-font-copyrighted/) - The Disney font may have copyright or even trademark protection, but infringement depends on how the lettering is used.
- [Line Cutterz Success](https://galvanilegal.com/line-cutterz-success/) - Line Cutterz is a company that designs and sells fishing accessories, including lots of patented products. Vance Zahorski founded it and made it a success.
- [What is a Trademark?](https://galvanilegal.com/what-is-a-trademark/) - A trademark is a word, design, symbol, logo, or other "thing" that identifies the source of a product or service and distinguishes other products and services.
- [Specimens Showing Use of Service Marks](https://galvanilegal.com/specimens-showing-use-of-service-marks/) - The Trademark Office has issued new examination guidelines informing the public of how specimens in service mark applications should be treated.
- [Patents Explained: A Series of Posts](https://galvanilegal.com/patents-explained-a-series-of-posts/) - Patents contain several parts, and understanding them individually is helpful to understanding the patent as a whole.
- [Patents Explained: Claims](https://galvanilegal.com/patents-explained-claims/) - The claims are an important part of the patent and the patent application, defining the scope of protection for the invention.
- [Patents Explained: the Detailed Description](https://galvanilegal.com/patents-explained-the-detailed-description/) - The detailed description of patent provides written support for the claims and explains how the invention is made and used, while also disclosing the best mode.
- [Can You Invalidate a Design Patent?](https://galvanilegal.com/can-you-invalidate-a-design-patent/) - There are a few ways that you can challenge a design patent should you be facing accusations or actual claims of patent infringement.
- [Do U.S. Trademark Applications Based on Foreign Filings Have to Adopt the Exact Same Goods and Services Identification?](https://galvanilegal.com/do-u-s-trademark-applications-based-on-foreign-filings-have-to-adopt-the-exact-same-goods-and-services-identification/) - When should you adopt a foreign trademark's goods and services identification, and when should alter it?
- [Trademarks for Venture Capital Firms: Protecting Brand, Reputation, and Pipeline](https://galvanilegal.com/trademarks-for-venture-capital-firms-protecting-brand-reputation-and-pipeline/) - Learn how venture capital firms can use trademarks to protect brand identity, control name usage, prevent confusion, and preserve deal flow, reputation, and long-term platform value.
- [Lawn Tool Patents](https://galvanilegal.com/lawn-tool-patents/) - Lawn tool patents protect hand tools, mechanical tools, and automatic tools. Design and utility patents are both effective methods for protecting these tools.
- [US Patent and Trademark Office Closed](https://galvanilegal.com/us-patent-and-trademark-office-closed/) - USPTO closed January 26, 2026 due to severe Washington, D.C. weather. Filing deadlines extend to the next business day, potentially through January 28.
- [Registered Trademarks and Cybersquatting: When the UDRP Is a Fast, Cost-Effective Weapon](https://galvanilegal.com/registered-trademarks-and-cybersquatting-when-the-udrp-is-a-fast-cost-effective-weapon/) - Registered trademark owners facing cybersquatting can use the UDRP to recover infringing domain names quickly and cost-effectively. Learn when a UDRP claim is likely to succeed.
- [Continuation in Part Patent Applications Podcast](https://galvanilegal.com/continuation-in-part-patent-applications-podcast/) - This virtual podcast discusses Continuation in Part Patent Applications or CIPs. It was created with NotebookLM, a Google AI tool.
- [US Patent Office Closed December 24th, 25th, and 26th](https://galvanilegal.com/us-patent-office-closed-december-24th-25th-and-26th/) - The United States Patent and Trademark Office will be closed on December 24th, 25th, and 26th after President Trump's executive order closing federal offices.
- [Understanding the USPTO’s Domicile Address Requirement for Trademark Filings](https://galvanilegal.com/understanding-the-usptos-domicile-address-requirement-for-trademark-filings/) - The USPTO requires trademark applicants to disclose a domicile address. Failure can result in an office action, refusal, or abandonment of the application.
- [Patent Office Releases Revised Guidance Regarding AI-Assisted Inventions](https://galvanilegal.com/patent-office-releases-revised-guidance-regarding-ai-assisted-inventions/) - The Patent Office has released new guidance restating its policy that AI cannot be named as an inventor on patent applications.
- [What is an In-Use Trademark Application?](https://galvanilegal.com/what-is-an-in-use-trademark-application/) - An in-use trademark application is a filing at the Trademark Office that submits proof of use of a trademark in connection with identified goods and services.
- [Trademarks for Family Offices: Protecting Identity, Reputation, and Deal Flow](https://galvanilegal.com/trademarks-for-family-offices-protecting-identity-reputation-and-deal-flow/) - Family offices should file and register their trademarks to protect the goodwill and reputation of their name and brand.
- [Shuttering Patent Office Doors: USPTO Office Closures, RIFs, and a Government Shutdown That Isn’t One](https://galvanilegal.com/shuttering-patent-office-doors-uspto-office-closures-rifs-and-a-government-shutdown-that-isnt-one/) - The USPTO is navigating the federal government shutdown, the permanent closure of its Denver Regional Office, and employee RIF notices.
- [Trademark Center Filing Problems](https://galvanilegal.com/trademark-center-filing-problems/) - This video shows a bug in Trademark Center when selecting a signature type for a trademark application.
- [Patent Office Union Files Suit Against Trump Administration](https://galvanilegal.com/patent-office-union-files-suit-against-trump-administration/) - On August 28, the White House issued an executive order which stripped collective-bargaining rights at several agencies, including the U.S. Patent and Trademark Office, instantly reshaping labor relations for thousands of patent examiners. The executive order premises the change on "intelligence, counterintelligence, investigative, or national security" concerns. Within 48 hours, government agency communications indicated that,
- [Trademark Maintenance and Renewal "Services"](https://galvanilegal.com/trademark-maintenance-and-renewal-services/) - Trademark maintenance mailers can be fraudulent, but they can also simply be misleading. Make sure you can identify what is correct and what isn't.
- [Section 15 Trademark Declarations](https://galvanilegal.com/section-15-trademark-declarations/) - For a mark which is found to be incontestable, the registration becomes conclusive evidence of the validity of the mark
- [Filing a U.S. Trademark Application on a Section 66(a) Basis: A Complete Guide for Madrid Protocol Applicants](https://galvanilegal.com/filing-a-u-s-trademark-application-on-a-section-66a-basis-a-complete-guide-for-madrid-protocol-applicants/) - Section 66(a) trademark applications can be filed in the US from Madrid Protocol international registration trademark applications, but care must be taken.
- [Amending a Registered Trademark with a Section 7 Amendment: What You Need to Know](https://galvanilegal.com/amending-a-registered-trademark-with-a-section-7-amendment-what-you-need-to-know/) - A Section 7 Amendment allows a trademark owner to modify a trademark after it has been registered, perhaps to change, add, or delete a feature or word.
- [Do you love Patent Center, Too?](https://galvanilegal.com/do-you-love-patent-center-too/) - I was attempting to file a provisional application today in the USPTO's no-longer-new-but-still-quite-buggy Patent Center filing system. I am glad I not up against a deadline today. I logged in, and a "Search Limit Reached" error message immediately popped up, in response to me not entering any searches. Strange, but okay, I'll proceed. I entered
- [Trademark Office Fee Changes and Strategies](https://galvanilegal.com/trademark-office-fee-changes-and-strategies/) - The Trademark Office has raised application fees across the board, and notably has doubled the fee for applications using customized identifications.
- [Guide to Setting Up Priority Document Tracking in DAS](https://galvanilegal.com/guide-to-setting-up-priority-document-tracking-in-das/) - This page explains step-by-step how to get your patent application priority documents listed in WIPO's DAS system for use by foreign patent offices.
- [What is the Digital Access Service (DAS)?](https://galvanilegal.com/what-is-the-digital-access-service-das/) - The Digital Access Service (DAS) is a repository for storing patent priority documents so that patent offices can automatically and easily retrieve them.
- [Major Design Patent Infringement Victory](https://galvanilegal.com/major-design-patent-infringement-victory/) - In May, one of our clients won $18 million in patent and trademark infringement damages.
- [Timing of Information Disclosure Statements](https://galvanilegal.com/timing-of-information-disclosure-statements/) - Information disclosure statements are filings made with the Patent Office to disclose references that might be relevant to an invention described in a patent application. The Patent Office imposes a duty on everyone associated with a patent application to submit information that is material to the patentability of the idea in the patent application, and
- [How to Register your Logo Trademark For Authenticated Email](https://galvanilegal.com/how-to-register-your-logo-trademark-for-authenticated-email/) - Registering your logo as a trademark and then enrolling in BIMI and obtaining a VMC certificate allows you to send authenticated email bearing your logo.
- [What is a Common Law Trademark?](https://galvanilegal.com/what-is-a-common-law-trademark/) - A common law trademark is a trademark that you have used but not yet federally registered with the United States Patent and Trademark Office.
- [Trademark Assignment](https://galvanilegal.com/trademark-assignment/) - A trademark assignment is a transfer of ownership in a trademark, which can be achieved properly or improperly. Care must be taken when assigning a trademark.
- [Differences between the Principal Register and the Supplemental Register](https://galvanilegal.com/differences-between-the-principal-register-and-the-supplemental-register/) - There are many differences between the USPTO's Principal and Supplemental Registers for trademarks. The Supplemental Register has some benefits.
- [Trademark Designations: TM / MC](https://galvanilegal.com/trademark-designations-tm-mc/) - Canadian trademarks sometimes use different symbols to designate and identify their registration statuses than the US system employs
- [Knockout Searches for Trademarks](https://galvanilegal.com/knockout-searches-for-trademarks/) - Knockout searches are searches run before filing a trademark application to assess, primarily, the viability of obtaining a registration on that trademark. Whether you can use the mark is actually a slightly different question from whether you can register it, but a knockout search will reveal some information about the use possibilities. A knockout search
- [Registered Trademarks for the Amazon Brand Registry](https://galvanilegal.com/registered-trademarks-for-the-amazon-brand-registry/) - Amazon Brand Registry allows registered trademark owners to protect the customer experience on Amazon’s site by monitoring and removing trademark infringement.
- [How to Prepare and File a Letter of Protest in A Trademark Application](https://galvanilegal.com/how-to-prepare-and-file-a-letter-of-protest-in-a-trademark-application/) - A letter of protest is a method to submit evidence into a trademark application that may be relevant to the examination and registrability of the trademark.
- [Trademark Knockout Searches](https://galvanilegal.com/trademark-knockout-searches/) - Trademark knockout searches are valuable ways to quickly evaluate the possibilities of registering a trademark federally.
- [Forgot to Register a Trademark?  You're not without Recourse](https://galvanilegal.com/forgot-to-register-a-trademark-youre-not-without-recourse/) - I almost always recommend businesses register their trademarks federally; doing so provides many advantages over relying on common law trademark protection. However, it sometimes happens that a mark or a logo slips through and a competitor begins diverting trade by using a similar name. Arizona provides a number of common law vehicles that the courts
- [Can I sign up for Amazon Brand Registry 2.0 if my trademark has not yet registered?](https://galvanilegal.com/can-i-sign-up-for-amazon-brand-registry-2-0-if-my-trademark-has-not-yet-registered/) - Amazon Brand Registry 2.0 is only available to trademarks which have been registered at the United States Trademark Office, but not to common law trademarks.
- [Trademark Post Registration Audit Questions and Answers](https://galvanilegal.com/trademark-post-registration-audit-questions-and-answers/) - A trademark post registration audit is a process the Trademark Office uses to determine if you are actually using your trademark on all registered goods.
- [Paying Patent Maintenance Fees on an Expired Patent?](https://galvanilegal.com/paying-patent-maintenance-fees-on-an-expired-patent/) - Patent maintenance fees must be paid to keep patents alive and in force. Do not accidentally pay maintenance fees on patents that have already expired.
- [What is a Divisional Application?](https://galvanilegal.com/what-is-a-divisional-application/) - A divisional application is a type of continuing patent application that claims an invention which was divided out of an earlier application.
- [Continuation-in-Part Patent Applications: A Comprehensive Guide](https://galvanilegal.com/continuation-in-part-patent-applications-a-comprehensive-guide/) - Continuation-in-part patent applications are a type of continuing application that allows an applicant to introduce new subject matter into a patent family.
- [Navigating Restriction Requirements in Patent Applications](https://galvanilegal.com/navigating-restriction-requirements-in-patent-applications/) - A restriction requirement is a request from the Patent Office that your patent application be split to cover only a single invention and divide out the others.
- [Design Patent Bar Will Be Formed by Patent Office in 2024](https://galvanilegal.com/design-patent-bar-will-be-formed-by-patent-office-in-2024/) - The USPTO has confirmed that it will develop a design patent bar to allow non-attorneys to advise clients and file design patent applications on their behalf.
- [Patent Office Offers Program For Inventors to File Their Own Patent Applications](https://galvanilegal.com/patent-office-offers-program-for-inventors-to-file-their-own-patent-applications/) - The Patent Office is teaching inventors how to file patent applications on their own. This may lead to bad applications being filed without proper vetting.
- [Information Disclosure Statements in Continuing Patent Applications](https://galvanilegal.com/information-disclosure-statements-in-continuing-patent-applications/) - Information disclosure statements can be filed in continuing patent applications to have prior art printed on the patent or have the Examiner consider new art.
- [Can you make an After-Allowance Amendment in a Patent Application?](https://galvanilegal.com/can-you-make-an-after-allowance-amendment-in-a-patent-application/) - An After-Allowance Amendment is a change presented in a patent application after the application is allowed but before the issue fees are paid.
- [Prior Art Searching and its Effect on Patent Examination: A Guide for Inventors](https://galvanilegal.com/prior-art-searching-and-its-effect-on-patent-examination-a-guide-for-inventors/) - Prior art searching is the process of looking for disclosures relevant to an invention for a patent application, and it will affect patent examination outcome.
- [Patent Office Now Allows First-Time Filers to Expedite Patent Applications for Free](https://galvanilegal.com/patent-office-now-allows-first-time-filers-to-expedite-patent-applications-for-free/) - In 2023, the Patent Office started an expedited examination pilot program to speed up the time for review of some patent applications for first-time filers.
- [What are the Main Types of Trademarks?](https://galvanilegal.com/what-are-the-main-types-of-trademarks/) - There are a four main types of trademarks: trademarks, service marks, certification trademarks, and collective trademarks. Each is slightly different.
- [I Received a Post-Registration Office Action in My Trademark Registration.  Now What?](https://galvanilegal.com/i-received-a-post-registration-office-action-in-my-trademark-registration-now-what/) - A post-registration office action is a rejection of maintenance filings submitted after a trademark registers and can result in cancellation of a trademark.
- [Trademark Maintenance Scams](https://galvanilegal.com/trademark-maintenance-scams/) - Beware of trademark maintenance and cancellation solicitations you get in the mail. They may be truthful, but they may be misleading or downright fraudulent.
- [Understanding Consent in Trademark Applications: When, Why, and How](https://galvanilegal.com/understanding-consent-in-trademark-applications-when-why-and-how/) - When a trademark application incorporates a person's name or likeness, the application must indicate that person's consent to use their name or likeness.
- [Podcast: Being an Engineer – First to File, Secrecy & Fast-Tracking Patents](https://galvanilegal.com/podcast-being-an-engineer-first-to-file-secrecy-fast-tracking-patents/) - Arizona patent attorney Tom Galvani recently was Pipeline Design's podcast about engineering and inventing, talking about patents and patent protection.
- [New Specimen Rules in Trademark Applications](https://galvanilegal.com/new-specimen-rules-in-trademark-applications/) - The Trademark Office has enacted new specimens rules governing specimens of use and other parts of trademark applications, effective February 2020.
- [Trademarks on Software During Beta Testing](https://galvanilegal.com/trademarks-on-software-during-beta-testing/) - Trademark registration may be available to marks used on software in beta testing. Many factors affect this, such as whether beta testing is actual "use."
- [Acceptable Specimens for a Trademark Application](https://galvanilegal.com/acceptable-specimens-for-a-trademark-application/) - Examples of acceptable specimens of use in a trademark application include tags, labels, store signage, product stickers, packaging, and some web pages.
- [Trademark Office Changes Rules About Personal Emails](https://galvanilegal.com/trademark-office-changes-rules-about-personal-emails/) - The Trademark Office has altered its rules requiring personal email addresses in trademark applications and trademark registrations, keeping more information private.
- [Trademark Cancellation Proceedings: A Complete Guide](https://galvanilegal.com/trademark-cancellation-proceedings-a-complete-guide/) - A trademark cancellation is a proceeding to remove a registered trademark from the Trademark Office records on grounds such as abandonment or confusion.
- [USPTO Begins Issuing Scam Warnings](https://galvanilegal.com/uspto-begins-issuing-scam-warnings/) - As I have written before, trademark applicants and registrants should be on the watch for official-looking notices or requests asking for fees or registry enrollments. The USPTO has begun issuing a formal warning notice when it mails the Certificate of Registration. A copy is here.
- [International Trademark Scams](https://galvanilegal.com/international-trademark-scams/) - I've written before about invention promotion scams, and when my clients file trademark applications, I always warn them about receiving official-looking documents requesting payments for various kinds of trademark registration and monitoring services. However, to this point, the scams I was aware of were limited to the US. Now, apparently, the problem is appearing with
- [Trademark Specimens](https://galvanilegal.com/trademark-specimens/) - Trademark specimens showing use in commerce should be selected and filed carefully to ensure the Trademark Office will accept the specimen as proof of use.
- [Pictures not Required on Website for Proof of Trademark Use](https://galvanilegal.com/pictures-not-required-on-website-for-proof-of-trademark-use/) - 2009-1140 In re Michael Sones, opinion by Linn with a dissent by Newman. Michael Sones filed an intent-to-use application for the mark ONE NATION UNDER GOD for charity bracelets. The website where he sold the bracelets initially had no picture of a bracelet, but instead described the product as "ONE NATION UNDER GOD CHARITY BRACELET"
- [Late US National Stage Entry](https://galvanilegal.com/late-us-national-stage-entry/) - A late US national stage entry from a PCT international application is allowed when the delay in filing was unintentional, through a petition to revive process.
- [Patent Office Delays Non-DOCX Penalty Fees](https://galvanilegal.com/patent-office-delays-non-docx-penalty-fees/) - The Patent Office announced on December 29 that it would delay non-DOCX penalty fees it was to impose when an applicant filed a PDF for a patent application.
- [What is a patent assignment?](https://galvanilegal.com/what-is-a-patent-assignment/) - A patent assignment is a transfer or sale of the entire interest in a patent. Any other transfer of lesser than full rights in a patent is a license.
- [Evolution of the Micro Entity](https://galvanilegal.com/evolution-of-the-micro-entity/) - Micro entities are entitled to pay 75% of the large entity patent fees, but there are certain limitations on the micro entity status.
- [Latest Arizona Patent Lawsuits](https://galvanilegal.com/latest-arizona-patent-lawsuits/) - After a few weeks of respite, patent infringement lawsuits pick up in Arizona. Two complaints were filed recently. The first complaint was filed by Foxwise Products, LLC, an Arizona company manufacturing horse-related products. The company alleged that a number of defendants (JT Marketing, Apple Picker, Ozark Leather, and Miller Manufacturing Company) infringed design patent No.
- [Is Web Scraping Legal?](https://galvanilegal.com/is-web-scraping-legal/) - Web scraping involves copying data from a website. It can run afoul of patent, trademark, copyright, DMCA and CFAA statutes, and other internet torts.
- [Does an inventor need to be secretive about disclosing an idea to a patent attorney?](https://galvanilegal.com/does-an-inventor-need-to-be-secretive-about-disclosing-an-idea-to-a-patent-attorney/) - Should an inventor have a patent attorney sign an NDA before talking about his invention? Does a patent attorney have an obligation of confidentiality?
- [Non-Solicitation Clauses Protect Valuable Intangible Assets](https://galvanilegal.com/non-solicitation-clauses-protect-valuable-intangible-assets/) - Non-Solicitation Clauses protect your company's business relationships by preventing third parties from soliciting your customers, vendors, and employees.
- [Trademark Scam Spoofs Trademark Office Phone Numbers](https://galvanilegal.com/trademark-scam-spoofs-trademark-office-phone-numbers/) - In a trademark scam, a spoofed number that appears to be the Trademark Office calls you, and the caller pretends to be an examiner asking for payment of fees.
- [Certification Marks](https://galvanilegal.com/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 mysterious markings can be found on all kinds of products from pillows to sunglasses to
- [Works Made For Hire, Independent Contractors, and Employees](https://galvanilegal.com/works-made-for-hire-independent-contractors-and-employees/) - Identifying a worker as either an independent contractor or an employee can affect the ownership of copyright in works created by the worker.
- [Copyright in Works Made for Hire](https://galvanilegal.com/copyright-in-works-made-for-hire/) - Works made for hire have special treatment under copyright law.
- [What is the EU Unitary Patent?](https://galvanilegal.com/what-is-the-eu-unitary-patent/) - The Unitary Patent is a patent which can be enforced uniformly across many countries in Europe with lower costs than currently possible with a European Patent.
- [What Is A European Patent?](https://galvanilegal.com/what-is-a-european-patent/) - A European Patent is a patent grant that allows the holder to validate protection into individual countries within the European Union to gain local protection.
- [Nuts and Bolts of International Preliminary Examination and the Demand Thereof](https://galvanilegal.com/nuts-and-bolts-of-international-preliminary-examination-and-the-demand-thereof/) - International preliminary examination of an international patent application is initiated by a demand and begins a process of evaluating patentability of the invention.
- [A Warm And Fuzzy Read For A Cold January Day In Arizona](https://galvanilegal.com/a-warm-and-fuzzy-read-for-a-cold-january-day-in-arizona/) - Kami writes about her continuing work to help the men of a group home in Tempe with holiday gifts, more than 15 years in a row.
- [How To Sign A Trademark Filing](https://galvanilegal.com/how-to-sign-a-trademark-filing/) - Tom shares a short 36-second video explaining how to sign a trademark filing easily so that the Office accepts the submission without raising any issues.
- [Is Signing a Contract that Is Wrong Risky?](https://galvanilegal.com/is-signing-a-contract-that-is-wrong-risky/) - Signing a contract that contains provisions with which you think you cannot comply can be incredibly dangerous, despite assurances from the other party.
- [Rubik's Cube Intellectual Property](https://galvanilegal.com/rubiks-cube-intellectual-property/) - The Rubik's Cube toy was invented in the 1970s, patented later that decade, and then made subject of trademark and trade dress registrations.
- [Office Action Response Deadline Change](https://galvanilegal.com/office-action-response-deadline-change/) - Beginning December 2022, applicants will have a 3-month office action response deadline in trademark applications instead of the 6-month deadline.
- [Converting to a Provisional Application](https://galvanilegal.com/converting-to-a-provisional-application/) - A non-provisional patent application can be converted into a provisional application. This can be a good idea to prevent publication of an idea or invention.
- [Trademark Coexistence Agreement](https://galvanilegal.com/trademark-coexistence-agreement/) - A trademark coexistence agreement is an agreement between two parties about their respective, similar trademarks will be used to avoid consumer confusion.
- [Limitation of Liability Clauses – You Definitely Want One, But Why?](https://galvanilegal.com/limitation-of-liability-clauses-you-definitely-want-one-but-why/) - Limitation of liability clauses can limit and type the amount of liability in connection with a contract. They can sometimes include liability carve-outs.
- [Sovereign Immunity for Copyright Infringement](https://galvanilegal.com/sovereign-immunity-for-copyright-infringement/) - Author asks the Supreme Court to review sovereign immunity for copyright Infringement. The Court can decide if states can infringe copyright without penalty.
- [Crumbl Cookies Trademarks](https://galvanilegal.com/crumbl-cookies-trademarks/) - Crumbl Cookies has sued competitors for trademark infringement. Whether they can keep out them and others depends on exclusivity of any rights they might have.
- [NDAs and Compelled Disclosure](https://galvanilegal.com/ndas-and-compelled-disclosure/) - NDAs allow for compelled disclosure in some exceptions, and you could incur major legal fees if you have to disclose information under one of those situations.
- [Electronic Trademark Registration Certificates](https://galvanilegal.com/electronic-trademark-registration-certificates/) - The United States Patent and Trademark Office will begin issuing electronic trademark registration certificates instead of paper ones on June 7, 2022.
- [Receiving a Trademark Final Office Action](https://galvanilegal.com/trademark-final-office-action/) - A final office action is a final rejection of a trademark application. There are a few ways to avoid abandonment of your trademark after a final office action.
- [Design Patent Application Priority Claims](https://galvanilegal.com/design-patent-application-priority-claims/) - Priority claims from a design patent application to a provisional application are invalid. Design applications cannot claim priority to provisionals.
- [Patent Application Size Fee](https://galvanilegal.com/patent-application-size-fee/) - A patent application size fee is an additional filing fee paid when your patent application has a large number of pages, including drawing pages.
- [Identity Verification at Trademark Office](https://galvanilegal.com/identity-verification-at-trademark-office/) - Identity verification should help ensure the veracity of authority for a person filing correspondence in a trademark application, beginning early 2022.
- [Trademarks and Secondary Source](https://galvanilegal.com/trademarks-and-secondary-source/) - Secondary source is the use of a trademark not to indicate the source of goods, but the source of another product or service that has licensed ornamental use.
- [Student Athlete Trademarks, Names, Images, and Likeness](https://galvanilegal.com/student-athlete-trademarks-names-images-and-likeness/) - Student athletes can now profit from their name, image, and likeness related to their athletic performance. Trademarks are an important way to protect that.
- [Juneteenth at the Patent and Trademark Office](https://galvanilegal.com/juneteenth-at-the-patent-and-trademark-office/) - The Patent and Trademark Office is closed for the first Juneteenth holiday.
- [Oath Or Declaration in a Patent Application](https://galvanilegal.com/oath-or-declaration-in-a-patent-application/) - An oath or declaration is required in almost every patent application. In some situations, however, continuing applications can be filed without them.
- [Common Ownership of Trademarks](https://galvanilegal.com/common-ownership-of-trademarks/) - Common ownership of trademarks can block a similarity or likelihood of confusion refusal. Common ownership exists only in certain scenarios, however.
- [Trademark Applications Can Be Expedited or “Special”](https://galvanilegal.com/trademark-applications-can-be-expedited-or-special/) - Trademark applications normally take 6-12 months to process through the Trademark Office but there are situations in which you can request expedited processing.
- [Four Seasons Total Landscaping Trademark](https://galvanilegal.com/four-seasons-total-landscaping-trademark/) - Four Seasons … Total Landscaping. Trump’s business is heavily reliant on trademarks. How could someone as experience in TM law as he be confused by a famous mark?
- [Fee Changes at the Trademark Office](https://galvanilegal.com/fee-changes-at-the-trademark-office/) - On January 2, 2021, new fees become effective at the Trademark Office. Most of these fees are increasing over what they have been for the last few years.
- [Fee Changes at the Patent Office](https://galvanilegal.com/fee-changes-at-the-patent-office/) - In October 2020, the Patent Office raised most of its fees by about 5%, including common fees for patent applications and responses.
- [Always Stay Humble And Kind](https://galvanilegal.com/always-stay-humble-and-kind/) - I try to give clients honest advice, delivered directly. Sometimes this can be too direct, to the point of being blunt. This advice is never made based on the recipient, but rather on the case.
- [Correction of Inventorship in Patents](https://galvanilegal.com/correction-of-inventorship-in-patents/) - A patent must identify the correct inventors. A patent which names the wrong inventors can be invalidated. Sometimes, friends and spouses want to identify each other to be nice, but a person is only an inventor if they have contributed to material claimed in the patent. Occasionally, mistakes are made in the identification of the
- [Line Differences in Design Patent Applications](https://galvanilegal.com/line-differences-in-design-patent-applications/) - Design patent drawings carefully use solid and broken lines to illustrate claimed portions of a design and boundaries of that design.
- [CORONAVIRUS: Patent Office Form For COVID-19 Statement](https://galvanilegal.com/coronavirus-patent-office-form-for-covid-19-statement/) - The Patent Office has now created a form to help applicants declare that their missed deadline was due to the COVID-19 pandemic.
- [Design Patent Rocket Docket](https://galvanilegal.com/design-patent-rocket-docket/) - The design patent Rocket Docket is a way to expedite examination of design patent applications, shortening their pendency by a year or more.
- [Coronavirus: US Patent and Trademark Office Extends Deadlines Further](https://galvanilegal.com/coronavirus-us-patent-and-trademark-office-extends-deadlines-further/) - The Patent and Trademark Office has increased the extension of some deadlines for patent and trademark owners for the first time.
- [Vagaries of Design Patent Practice](https://galvanilegal.com/vagaries-of-design-patent-practice/) - A design patent can seem quick and simple, but systemic issues with their examination create complexities and traps for the unwary applicant and practitioner.
- [CORONAVIRUS: Trademark Frequently Asked Questions](https://galvanilegal.com/coronavirus-trademark-frequently-asked-questions/) - The Trademark Office is allowing extensions of some trademark-related filing and fee deadlines due to the coronavirus outbreak. These are FAQs related to the extensions.
- [CORONAVIRUS: Patent Frequently Asked Questions](https://galvanilegal.com/coronavirus-patent-frequently-asked-questions/) - Answers to frequently asked questions about the coronavirus's effect on the US Patent and Trademark Office and patent filing and fee deadlines.
- [CORONAVIRUS: Patent Office Not Requiring Original Handwritten Signatures](https://galvanilegal.com/coronavirus-patent-office-not-requiring-original-handwritten-signatures/) - The Patent Office has waived requirements for submitting original hand-written signatures in some correspondence during the coronavirus pandemic.
- [CORONAVIRUS: US Patent and Trademark Office Response](https://galvanilegal.com/coronavirus-us-patent-and-trademark-office-response/) - The Patent and Trademark Office is allowing some deadlines to be extended for 30 days if the deadline cannot be met because of the coronavirus outbreak.
- [Sonos Sues Google For Patent Infringement](https://galvanilegal.com/sonos-sues-google-for-patent-infringement/) - Claiming patent infringement, Sonos has sued Google in federal court and asked the International Trade Commission to stop importation of some Google products.
- [Attorney Fees not Available in Appeals from Patent Office](https://galvanilegal.com/attorney-fees-not-available-in-appeals-from-patent-office/) - An applicant appealing an unfavorable decision from the Patent Office will not be responsible to pay the Patent Office's attorney fees incurred in that appeal.
- [THE Ohio State University and the Clothing Trademark Problem](https://galvanilegal.com/the-ohio-state-university-and-the-clothing-trademark-problem/) - The Trademark Office refused an Ohio State University application to register the word THE as a clothing trademark. Clothing marks frequently get rejected.
- [Protecting Cannabis-Related Intellectual Property](https://galvanilegal.com/protecting-cannabis-related-intellectual-property/) - Cannabis-related intellectual property can be difficult to obtain. Patent and copyright is usually much easier than trademark protection when it comes to MJ.
- [International Registrations under the Madrid Protocol](https://galvanilegal.com/international-registrations-under-the-madrid-protocol/) - International Registrations under the Madrid Protocol can be significantly safer when based on trademark registrations rather than trademark applications.
- [US Trademark Office Proposes Requiring Foreign Trademark Applicants to Use a US Attorney](https://galvanilegal.com/us-trademark-office-proposes-requiring-foreign-trademark-applicants-to-use-a-us-attorney/) - The US Patent and Trademark Office may start requiring foreign trademark applicants to use local US attorneys for trademark applications and registrations.
- [The Patent Office is Not (Yet) Affected by the Government Shutdown](https://galvanilegal.com/the-patent-office-is-not-yet-affected-by-the-government-shutdown/) - The Patent Office maintains an operating reserve of funds to maintain operations during the government shutdown. Those funds are starting to run out.
- [Request to Divide a Trademark Application](https://galvanilegal.com/request-to-divide-a-trademark-application/) - How to divide a trademark application by separating one or several classes of goods and services into new trademark applications.
- [Patent Office Transitions to MyUSPTO Login](https://galvanilegal.com/patent-office-transitions-to-myuspto-login/) - The US Patent and Trademark Office is changing the way you login to file and view patent and trademark records through its new MyUSPTO login.
- [How to Reinstate An Expired Patent](https://galvanilegal.com/how-to-reinstate-an-expired-patent/) - You can reinstate an expired patent if the delay in paying the maintenance fees was unintentional and a petition fee is paid.
- [Is the U.S. Patent and Trademark Office Affected by the 2018 Government Shutdown?](https://galvanilegal.com/is-the-u-s-patent-and-trademark-office-affected-by-the-2018-government-shutdown/) - The U.S. Patent and Trademark Office is not affected by the January 2018 government shutdown. It can continue to operate for a few weeks on a reserve fund.
- [Patent Prosecution Highway to Expedite Examination of a Patent Application](https://galvanilegal.com/patent-prosecution-highway-to-expedite-examination-of-a-patent-application/) - The Patent Prosecution Highway expedites the often lengthy examination process for patent applications filed in foreign intellectual property offices.
- [Utility and Design Patent Issuances Up in 2017](https://galvanilegal.com/utility-and-design-patent-issuances-up-in-2017/) - Utility and Design Patent Issuances were up in 2018 compared with the number issued by the United States Patent and Trademark Office in 2017.
- [Making Corrections to an International Patent Application under PCT Rule 91](https://galvanilegal.com/making-corrections-to-an-international-patent-application-under-pct-rule-91/) - Some very minor corrections to an international patent application can be made with fee-free filings. However, the types of those corrections are limited.
- [Intellectual Property Lawsuit Between Google/Waymo and Uber](https://galvanilegal.com/intellectual-property-lawsuit-between-googlewaymo-and-uber/) - The self-driving car intellectual property lawsuit between Google and Uber involves trade secret misappropriation and patent infringement.
- [Are Federal Judges Disqualified From Hearing Cases Involving Trump Interests?](https://galvanilegal.com/are-federal-judges-disqualified-from-hearing-cases-involving-trump-interests/) - The Trademark Trial and Appeal Board recently decided whether federal judges disqualified to decide a proceeding involving a number of Trump-owned trademarks.
- [Prompt Information Disclosure Statements](https://galvanilegal.com/prompt-information-disclosure-statements/) - Patent applications carry duties of candor and disclosure that require applicant to disclose prior art and information relevant to patentability.
- [Firm Quoted in Newspaper Regarding Recycling](https://galvanilegal.com/firm-quoted-in-newspaper-regarding-recycling/) - Tom Galvani was recently interviewed for the firm's efforts as a Green Business Leader in Phoenix.
- [Green Business Certification](https://galvanilegal.com/green-business-certification/) - The City of Phoenix recognized Thomas W. Galvani, P.C. as a certified green business, making it the second law firm to receive this designation.
- [US Patent Application Filings Under the Paris Convention](https://galvanilegal.com/us-patent-application-filings-under-the-paris-convention/) - Under the Paris Convention, a US patent application that makes a foreign priority claim must have a copy of the foreign application at the US Patent Office.
- [Food Truck Trademarks](https://galvanilegal.com/food-truck-trademarks/) - Food truck trademarks present great opportunities and challenges for any food truck business.
- [What is a Notice of Allowance in a Patent Application?](https://galvanilegal.com/what-is-a-notice-of-allowance-in-a-patent-application/) - A notice of allowance indicates the claims of a patent are allowable and ready to issue in a patent grant.
- [WTC Sues Ironman For Kids for Trademark Infringement](https://galvanilegal.com/wtc-sues-ironman-for-kids-for-trademark-infringement/) - Word Triathlon Corporation, owner of the IRONMAN trademarks, has sued a Texas company for trademark infringement for the domain name ironmanforkids.com.
- [What is a Trademark Notice of Allowance?](https://galvanilegal.com/what-is-a-trademark-notice-of-allowance/) - A Notice of Allowance formally invites a trademark applicant to submit proof of use, so that the trademark application can move forward to registration.
- [Top Reasons To File a Trademark Application](https://galvanilegal.com/top-reasons-to-file-a-trademark-application/) - File a trademark application to protect a mark federally and gain national protection, geographic expansion, perpetual protection, and ease of enforcement.
- [Government Trademark Fees To Rise](https://galvanilegal.com/government-trademark-fees-to-rise/) - Fees associated with filing trademark applications by paper will rise in 2017, but will not affect electronic filings.
- [Securing a Domain Name with Pre-Existing Trademark Rights](https://galvanilegal.com/securing-a-domain-name-with-pre-existing-trademark-rights/) - A UDRP proceeding is a quick and inexpensive domain name dispute proceeding to establish rights in a domain name which is similar to a registered trademark.
- [Bicycle Saddle Patent Litigation](https://galvanilegal.com/bicycle-saddle-patent-litigation/) - An Australian patent holder is continuing to sue companies around the world on a split saddle design for bicycle seats.
- [Patent Examiners Mostly Accurate in Time](https://galvanilegal.com/patent-examiners-mostly-accurate-in-time/) - The Office of Inspector General recently found that while most patent examiners are truthful in reporting their hours worked, some have been compensated - at high cost - for hours they have not.
- [Trademarks for Etsy Shops](https://galvanilegal.com/trademarks-for-etsy-shops/) - Shop owners on Etsy should carefully design, use, protect, and their store, brand, and product names to develop strong and defendable trademark rights.
- [Increased Trademark Fees](https://galvanilegal.com/increased-trademark-fees/) - Trademark filing fees associated mostly with paper application may be raised.
- [Corrected Application Data Sheets](https://galvanilegal.com/corrected-application-data-sheets/) - Corrected application data sheets for patent applications can be quickly created and submitted through the Patent office's web-fillable ADS form.
- [Notice of Non-Compliant Response in a Patent Application](https://galvanilegal.com/notice-of-non-compliant-response-in-a-patent-application/) - A notice of non-compliant response in a patent application is an indication that an error was made when submitting something like an amendment or a response.
- [Patent Stakeholder Training on Examination Practice and Procedure](https://galvanilegal.com/patent-stakeholder-training-on-examination-practice-and-procedure/) - The Patent Office has begun offering training to the public regarding how patent examiners do their job.
- [Acquired Distinctiveness Requires Both Continuous and Exclusive Use of a Trademark](https://galvanilegal.com/acquired-distinctiveness-requires-both-continuous-and-exclusive-use-of-a-trademark/) - Trademark use must be both continuous and substantially exclusive to support a claim of acquired distinctiveness.
- [Ownership of Works Within the Scope of Employment](https://galvanilegal.com/ownership-of-works-within-the-scope-of-employment/) - Copyright in a work created within an employment context may be owner by the employer if the work was created within the scope of employment.
- [Late Payment Surcharges in Patent Application Filings](https://galvanilegal.com/late-payment-surcharges-in-patent-application-filings/) - Best practice dictates that patent application filing fees are paid contemporaneously with the filing of the application to avoid late payment surcharges.
- [Petitions to Make Special Based on Age](https://galvanilegal.com/petitions-to-make-special-based-on-age/) - Petitions to make special can expedite the prosecution of a patent application. There are a few ypes and requirements for a proper petition to make special.
- [Getting Patent Declarations Signed](https://galvanilegal.com/getting-patent-declarations-signed/) - Patent declarations are a required part of a patent application which swear to certain information about the inventor and the invention in the application.
- [Trademarks in Patent Claims](https://galvanilegal.com/trademarks-in-patent-claims/) - A trademark in a patent claim can raises issues and rejections, and should only be done with careful consideration of the consequences.
- [Patent Office Power Outage Shutdown](https://galvanilegal.com/patent-office-power-outage-shutdown/) - Patent and Trademark Office filing and payment systems went down after a catastrophic power outage in December 2015. It illuminated the need for a more robust filing system.
- [Trademark Law Ruled Unconstitutional](https://galvanilegal.com/trademark-law-ruled-unconstitutional/) - The Federal Circuit Court of Appeals has held that Section 2(a) of the Lanham Act is unconstitutional, and that the Trademark Office cannot refuse to register marks which may be disparaging.
- [Continuing Patent Applications in light of Allowed and Rejected Claims](https://galvanilegal.com/continuing-patent-applications-in-light-of-allowed-and-rejected-claims/) - When a patent application has both rejected and allowed claims, one should carefully consider the risks in responding to the rejection with argument, amendment, or cancellations.
- [Patent Appeals](https://galvanilegal.com/patent-appeals/) - An appeal in a patent application is an administrative but substantive review of the rejected patent application.
- [Patent Office Opens San Jose Office](https://galvanilegal.com/patent-office-opens-san-jose-office/) - The US Patent and Trademark Office opened its a satellite office in San Jose, California in October 2015 to serve West Coast inventors better.
- [Reissue Patents](https://galvanilegal.com/reissue-patents/) - Reissues can be used to capture missing, forgotten, or narrower claims. In some cases, they can be used to broaden a patent.
- [Continuation Application Strategies](https://galvanilegal.com/continuation-application-strategies/) - A continuation application may receive similar examination as an originally-filed patent application, a recent study suggests.
- [Patent Office Automated Interview Request](https://galvanilegal.com/patent-office-automated-interview-request/) - The Patent Office has begun an Automated Interview Request program which allows patent attorneys, agents, and applicants to submit online interview requests with Examiners.
- [Certificates of Correction](https://galvanilegal.com/certificates-of-correction/) - A certificate of correction is a way to fix minor, typographical, and clerical errors in an issued patent. There are requirements for when a certificate of correction can and cannot be used.
- [Patent Office Website Features will not be Accessible to Chrome Users Soon](https://galvanilegal.com/patent-office-website-features-will-not-be-accessible-to-chrome-users-soon/) - Some Patent Office services will be unavailable to Google Chrome users after September 2015.
- [Direct and Indirect Patent Infringement – Evolving Standards under Akamai v. Limelight](https://galvanilegal.com/direct-and-indirect-patent-infringement-evolving-standards-under-akamai-v-limelight/) - The Federal Circuit is expanding the scope of patent infringement with the decision in Akamai v. Limelight.
- [After Final Consideration Pilot 2.0 Program](https://galvanilegal.com/after-final-consideration-pilot-2-0-program/) - The After Final Consideration Pilot Program is a way to obtain continued examination of a patent application without a Request for Continued Examination
- [Patent Drawing Requirements](https://galvanilegal.com/patent-drawing-requirements/) - Patent drawings have requirements regarding line quality, method of numbering and referencing, and size constraints. Some are enforced rigorously.
- [What is an Ex Parte Quayle Action?](https://galvanilegal.com/what-is-an-ex-parte-quayle-action/) - An Ex Parte Quayle Action is a communication from the Patent Office closing prosecution on the merits in order to resolve technical details.
- [Submitting Prior Art in Another's Patent Application](https://galvanilegal.com/submitting-prior-art-in-anothers-patent-application/) - A protest is one type of pre-issuance submission of third-party prior art in a patent application of another.
- [Revival of a Patent Application under the Unintentional Delay Standard](https://galvanilegal.com/revival-of-a-patent-application/) - Since 2013, patent applications can only be revived under an unintentionally-delayed standard, and can no longer be revived under the cheaper unavoidable delay standard.
- [But What About Space Inventions?](https://galvanilegal.com/but-what-about-space-inventions/) - US patent law has provisions that account for space activity.
- [Can I trademark a scent?](https://galvanilegal.com/can-i-trademark-a-scent/) - Trademarking a scent or smell can be done, but it is difficult. It involves tackling a number of issues that do not arise with other trademarks.
- [What is acquired distinctiveness?](https://galvanilegal.com/what-is-acquired-distinctiveness/) - Acquired distinctiveness is a basis for registering a trademark which is otherwise unregistrable at the Trademark Office because it is merely descriptive.
- [What is an RCE?](https://galvanilegal.com/what-is-an-rce/) - An RCE is a request made in a patent application to obtain more examination.
- [New Website at US Patent and Trademark Office](https://galvanilegal.com/new-website-at-us-patent-and-trademark-office/) - The US Patent and Trademark Office has a new website, and some have been complaining about it.
- [How Good Do Patent Drawings Have To Be?](https://galvanilegal.com/how-good-do-patent-drawings-have-to-be/) - Patent drawings must have good line quality and darkness, such that they can be reproduced well in the issued patent publication.
- [Super Lawyers Southwest Rising Star for Third Year](https://galvanilegal.com/super-lawyers-southwest-rising-star-for-third-year/) - Arizona patent attorney Tom Galvani has been selected as a 2015 Super Lawyers Southwest Rising Star. This is his third consecutive year being recognized for the honor.
- [Supreme Court Sanctions Patent Attorney](https://galvanilegal.com/supreme-court-sanctions-patent-attorney/) - The Supreme Court recently denied a petition for writ of certiorari in a patent case and then asked the attorney why he shouldn't be sanctioned for his poorly-written brief.
- [Public Use of an Invention](https://galvanilegal.com/public-use-of-an-invention/) - A patent on an invention may be obtained only if the application was filed less than one year after a public use of the invention. The public use rule is a tricky one to understand and can have significant effects on the patentability of an invention and its various features and versions.
- [Acronyms as Trademarks](https://galvanilegal.com/acronyms-as-trademarks/) - The chances for registering an acronym as a trademark depend on the understanding of the public regarding the terms represented by the letters of the acronym.
- [Patent Searching and the Duty of Disclosure](https://galvanilegal.com/patent-searching-and-the-duty-of-disclosure/) - Patent searches allow an inventor to determine whether an invention is patentable and, if so, what aspects of the invention can be protected. Search results should be disclosed to the US Patent Office.
- [Patent Office Announces First Bi-Coastal Biotechnology, Chemical and Pharmaceutical Partnership Meeting](https://galvanilegal.com/patent-office-announces-first-bi-coastal-biotechnology-chemical-and-pharmaceutical-partnership-meeting/) - The Patent Office is holding its first bi-coastal meeting on pharma, biotech, and chemical topics in the wake of recent Supreme Court patent decisions in those subject areas.
- [Patent Derivation Proceedings FAQ](https://galvanilegal.com/patent-derivation-proceedings-faq/) - A derivation proceeding is a proceeding at the Patent Office to determine who the proper inventor of a claimed invention actually is.
- [Arizona State Library Patent Presentation](https://galvanilegal.com/arizona-state-library-patent-presentation/) - Patent Attorney Tom Galvani will be speaking about patent basics at the Arizona State Library.
- [Chisum on Supreme Court's Recent Alice Patent Decision](https://galvanilegal.com/chisum-on-supreme-courts-recent-alice-patent-decision/) - The Supreme Court's recent Alice v. CLS Bank decision on patent subject matter eligibility largely passes the buck again, restricting the decision to a narrow holding and not giving much practical guidance for the future.
- [Patent Office Launches Glossary Pilot Program](https://galvanilegal.com/patent-office-launches-glossary-pilot-program/) - The Patent Office has begun a new program to expedite certain patent applications which provide a glossary of the terms used in the claims.
- [Application Data Sheets in Patent Applications](https://galvanilegal.com/application-data-sheets-in-patent-applications/) - Application Data Sheets provide bibliographic information accompanying a patent application and make specific requests regarding the patent application and how it should be examined.
- [Rare Federal Circuit Case Upholds Rejection of Trademark as Disparaging](https://galvanilegal.com/rare-federal-circuit-case-upholds-rejection-of-trademark-as-disparaging/) - A recent Federal Circuit trademark case highlighted the requirement that trademarks not disparage political or religious organizations.
- [Non-Enablement Responses to Prior Art Rejections](https://galvanilegal.com/non-enablement-responses-to-prior-art-rejections/) - A non-enablement rejection in a prior art patent reference can sometimes be used when responding to a prior art rejection of a patent application.
- [Patent Office Issues New Internal Guidance on Subject Matter Eligibility](https://galvanilegal.com/patent-office-issues-new-internal-guidance-on-subject-matter-eligibility/) - The Patent Office issued a new set of guiding principles last month for examiners to use when addressing issues of subject matter eligibility.
- [Marty Stoneman Passes Away](https://galvanilegal.com/marty-stoneman-passes-away/) - Phoenix patent attorney Marty Stoneman passed away on February 5, 2014, to the detriment of the patent community.
- [Is a Comprehensive Clearance Search for Your Trademark Worth the Money?](https://galvanilegal.com/is-a-comprehensive-clearance-search-for-your-trademark-worth-the-money/) - A comprehensive trademark search can open a business owner's eyes to the potential opportunities and problems in using a registering a business name.
- [Secret Prior Use after the AIA Patent Reform](https://galvanilegal.com/secret-prior-use-after-the-aia-patent-reform/) - Will secret prior uses of a process be treated as prior art under the new patent rules under the AIA?
- [Prosecution History Estoppel in Design Patents](https://galvanilegal.com/prosecution-history-estoppel-in-design-patents/) - A recent patent case has held that prosecution history estoppel applies in design patent litigation just as it does in utility patent litigation.
- [What Can and Cannot be Patented?](https://galvanilegal.com/what-can-and-cannot-be-patented/) - There are number of categories of inventions which can be patented, and several categories that cannot. In addition, there are strict requirements for those inventions that are in patentable categories.
- [Do I Need to Build my Invention to File a Patent Application?](https://galvanilegal.com/do-i-need-to-build-my-invention-to-file-a-patent-application/) - There is no hard-line requirement to build a prototype prior to filing a patent application, but in some cases, it is helpful, and in other cases, it will be required by the circumstances.
- [Super Lawyers 2014 Southwest Rising Stars Selection](https://galvanilegal.com/super-lawyers-2014-southwest-rising-stars-selection/) - Patent attorney Tom Galvani has been selected as a Super Lawyers 2014 Southwest Rising Star for his work in intellectual property.
- [Offers for Sale in the Post-AIA World](https://galvanilegal.com/offers-for-sale-in-the-post-aia-world/) - The Patent reform bill has left unsettled the question of whether secret offers for sale will be considered prior art for patent applications. Two theories exist.
- [Patent Office Will Remain Open Despite Possible Shutdown](https://galvanilegal.com/patent-office-will-remain-open-despite-possible-shutdown/) - The Patent and Trademark Office has a reserve supply of funds to remain open despite a government shutdown, should one occur.
- [Centralized Information for Patent Applications](https://galvanilegal.com/centralized-information-for-patent-applications/) - Centralized Information for Patent Applications
- [Notice of Allowance](https://galvanilegal.com/notice-of-allowance/) - A Notice of allowance is a formal approval of a patent application, and is just about the last step in obtaining an issued patent.
- [Huge Step for PTO Online](https://galvanilegal.com/huge-step-for-pto-online/) - The Patent Office has now made its records available in PDF format, which will increase the ease with which documents can be viewed, printed, and saved .
- [Telescoped Trademarks](https://galvanilegal.com/telescoped-trademarks/) - A telescoped trademark is a combination of two words which share a letter to form a single new word.
- [Obtaining Consent to Register a Trademark in a Name](https://galvanilegal.com/obtaining-consent-to-obtain-a-trademark-in-a-name/) - A trademark application for a person's name sometimes requires consent from that person. In some cases, consent need not be obtained.
- [Copyright Basics](https://galvanilegal.com/copyright-basics/) - Copyright is protection provided to authors of books, movies, screenplays, sculptures, and other artistic works. Copyright protection offers a number of exclusive rights.
- [USPTO Patent Grants Slow with Sequester](https://galvanilegal.com/uspto-patent-grants-slow-with-sequester/) - The Patent Office has slowed slightly in its granting of patents, but it is still on track for a record year in 2013
- [Universal Symbols and Trademarks](https://galvanilegal.com/universal-symbols-and-trademarks/) - Universal symbols cannot function as trademarks unless they have gained secondary meaning or some distinctive elements have been added to them.
- [What is a Continuation Patent Application?](https://galvanilegal.com/what-is-a-continuation-patent-application/) - A continuation patent application is an application that continues prosecution of the original subject matter of a previous patent application in a different way.
- [Reviving an Abandoned Trademark Application](https://galvanilegal.com/reviving-an-abandoned-trademark-application/) - A petition to revive can be filed to save an abandoned trademark application, but there are limitations on the petition.
- [Assignee Patent Applicants and Foreign Filing](https://galvanilegal.com/assignee-patent-applicants-and-foreign-filing/) - AIA changes avoid issues in making priority claims in second applications filed by an assignee.
- [KFYI Interview](https://galvanilegal.com/kfyi-interview/) - Patent Attorney Tom Galvani was interviewed by KFYI for a broadcast in April on patents and patent applications filings in Arizona and the US.
- [Patent Application Filings Increase Dramatically](https://galvanilegal.com/patent-application-filings-increase-dramatically/) - Patent applications were filed at dramatically higher rates during the two weeks before March 16, 2013.
- [Information Disclosure Statements](https://galvanilegal.com/information-disclosure-statements/) - Information disclosure statements are a means of disclosing are that may be relevant to the examination of an application for a patent.
- [Project Salute helps Arizona Veterans this Weekend](https://galvanilegal.com/project-salute-helps-arizona-veterans-this-weekend/) - Project Salute helps Arizona Veterans this Weekend in Phoenix at the Coliseum
- [Trademark Registration in Clothing Should be Pursued Cautiously](https://galvanilegal.com/trademark-registration-in-clothing-should-be-pursued-cautiously/) - Seeking trademark protection in clothing is difficult and can present special issues. Caution and care should be exercised when filing such an application.
- [Patent Document Kind Codes](https://galvanilegal.com/patent-document-kind-codes/) - A kind code is an indication on a patent document providing information about the substance of the application and the nature of the publication.
- [Re-Branding Lance Armstrong](https://galvanilegal.com/re-branding-lance-armstrong/) - Does the Livestrong Foundation need to rebrand its image?
- [Patent Office Fees Change](https://galvanilegal.com/patent-office-fees-change/) - Some patent fees will change in 2013 for applicants in PCT cases
- [When a Trademark is Primarily Merely a Surname](https://galvanilegal.com/when-a-trademark-is-primarily-merely-a-surname/) - The determination of whether a term functions primarily as a surname or as something else in language affects whether the term can be considered a trademark
- [Best Practices on Patent Filing](https://galvanilegal.com/best-practices-on-patent-filing/) - Never wait until the last minute to file an action in a patent application because the Patent Office technology may not be available to you to use.
- [Triathlon Trademark or Copyright Infringement in Magazines](https://galvanilegal.com/triathlon-trademark-or-copyright-infringement-in-magazines/) - Recent editions of Triathlete and Lava magazines have nearly identical photos - what are the trademark or copyright issues, if any?
- [A Realistic Timeline of the Patent Process](https://galvanilegal.com/a-realistic-timeline-of-the-patent-process/) - As he often does, Dennis Crouch has created a chart to help better understand the patent process. This one shows the average time between filing a patent application and receiving a first action on the merits ("FAOM"). Generally, this FAOM comes in the form of a non-final rejection. Very rarely is it an immediate notice
- [USPTO Trading Cards](https://galvanilegal.com/uspto-trading-cards/) - Just thing to get your kids excited about inventing - the USPTO has released a set of trading cards. I think? Features classic like George Washington Carver and Thomas Edison. They can be seen here.
- [Obviousness Standards under Joint Inventorship](https://galvanilegal.com/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 for many patentability questions, such as whether an invention is obvious in light of prior
- [Inventor's Eye Features Prosthetic Patents](https://galvanilegal.com/inventors-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 South African runner Oscar Pistorius was prominent. The articles makes interesting points regarding the role
- [What does "Patent Pending" mean?](https://galvanilegal.com/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. The purpose of the patent pending label is to allow the inventor of a product
- [Disclaimer Required in TEAM LIVESTRONG Trademark](https://galvanilegal.com/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; organizing community sporting events; conducting charity sporting events and tournaments. The Trademark Office required that
- [Patent Office Granting More Patents Each Year](https://galvanilegal.com/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 years ago) and more efficient in its examination of old and new cases. Not only
- [Continuing the Continuation-in-Part Discussion](https://galvanilegal.com/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 practice, is complicated and subject to many considerations about past disclosures and uses of the
- [What is a Continuation-in-Part Patent Application?](https://galvanilegal.com/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 application instead. CIP application practice, however, is complicated and subject to many considerations about past
- [Australia's Cigarette Packaging and Trademark Owner's Ability to Distinguish Themselves](https://galvanilegal.com/australias-cigarette-packaging-and-trademark-owners-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 now have to carry have a picture around the middle, showing a wrecked mouth of
- [Done to Death?](https://galvanilegal.com/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 proper authorized use, are fundamentals to trademark ownership, and it is never a bad idea
- [Trademark Infringement?](https://galvanilegal.com/trademark-infringement/) - You be the judge - trademark infringement?
- [Newton Running's Use of Trademarks](https://galvanilegal.com/newton-runnings-use-of-trademarks/) - I love me some Newton Running. I’ve worn through many of their shoes and have had some great experiences with their customer service. As a triathlete, I can’t recommend Newton enough. As a trademark lawyer, I feel just as strongly about them. Newton is great with branding. The brand presentation from their website to their
- [Patent Drafting and Prosecution Presentation at UAT](https://galvanilegal.com/patent-drafting-and-prosecution-presentation-at-uat/) - I am pleased to have been asked to give a presentation on technical writing, patent drafting, and patent prosecution at the University of Advancing Technology in Phoenix, Arizona on Thursday, July 12, 2012. I have made the presentation slides available here.
- [Fourth of July Special – American Patents](https://galvanilegal.com/fourth-of-july-special-american-patents/) - Following the airing of an American gut-check in Aaron Sorkin's The Newsroom, Slate published a list of American number ones. Patenting was on that list – the USPTO is the busiest patent office in the world. From WIPO stats, in 2010, just under 500,000 applications were filed in the US, with 391,000 in China, 345,000
- [Bolstering a Licensee's Rights in Contract](https://galvanilegal.com/bolstering-a-licensees-rights-in-contract/) - When a trademark, patent, copyright, or other right is the subject of a nonexclusive license, we often think about what sort of restrictions the property right owner should place on the licensee. However, there may be very good reasons for the licensee to place reciprocal restrictions on the licensor. These two commercials illustrate one issue
- [Intellectual Property and the Arts Presentation at Art Institute of Phoenix](https://galvanilegal.com/intellectual-property-and-the-arts-presentation-at-art-institute-of-phoenix/) - Here are the slides from my presentation at the Art Institute of Phoenix on May 29, 2012.
- [For the Layman: Who owns a Twitter Account?](https://galvanilegal.com/for-the-layman-who-owns-a-twitter-account/) - Note: This blog has always been about informing the non-lawyer about legal issues ranging from very basic (see yesterday's post) to more complex. Sometimes, though, I find myself wondering about things in a more than merely practical way. So in the future, I will be writing articles with one of two audiences in mind: the
- [Patent Titles](https://galvanilegal.com/patent-titles/) - Titles of patent applications can be puzzling. Some titles are simple, some complicated, some precise, others vague. The most important consideration is that a title be descriptive of the invention. There once was a segment of practitioners that would purposefully title applications with vague or misleading titles, hoping that those patents wouldn't be found by
- [Art Institute of Phoenix Talk on Intellectual Property](https://galvanilegal.com/art-institute-of-phoenix-talk-on-intellectual-property/) - I have been invited by the Art Institute of Phoenix to give a presentation on Tuesday the 29th regarding the intersection of intellectual property and the arts. Many of the students at the school study fashion, so the talk will be tailored (ah?) to a great deal toward copyright, design patents, trademarks, and trade dress
- [AIRIA Nightclub has Trademark Problems](https://galvanilegal.com/airia-nightclub-has-trademark-problems/) - John Welch questions whether you would have appealed the recent rejection of Gila River's application for AIRIA. Local Arizona tribe and gaming enterprise Gila River has a night club named Airia, but unfortunately, there is an Area nightclub in LA that beat them to the Trademark Office punch. The Examining Attorney, upon receiving Gila River's
- [Sight, Sound, Meaning, and Fame](https://galvanilegal.com/sight-sound-meaning-and-fame/) - Homonyms and famous trademark are treated with special rules under trademark law
- [Ascribing a Date of First Use to a Trademark](https://galvanilegal.com/ascribing-a-date-of-first-use-to-a-trademark/) - All trademark registrations filed under Sections 1(a) or 1(b) of the Lanham Act carry a date of first use. In those registrations that are filed as intent-to-use applications, the date that the mark is first used is typically very easy to pinpoint. However, for registrations that begin as in-use applications, the date of first use
- [The Practice of Removing Sponsored Logos in Triathlon Advertisements](https://galvanilegal.com/the-practice-of-removing-sponsored-logos-in-triathlon-advertisements/) - Several months ago, Slowtwitch.com erupted over an altered image that had been discovered of pro triathlete Hillary Biscay. The original image showed Biscay running during an Ironman-branded race with a jersey that bears a small blue decal. That decal is the logo for REV3, which is the organizer of a series of races that compete
- [Local Medical Device Inventor](https://galvanilegal.com/local-medical-device-inventor/) - Kim Manwaring is a Phoenix neurosurgeon who invented a number of medical devices in his garage-turned-laboratory. He was profiled in the Arizona Republic this weekend, and I thought it was a great story of the and hard work and creative mind required in starting a tech company. Read the story here.
- [Can I use the Ironman trademark to describe a race I did?](https://galvanilegal.com/can-i-use-the-ironman-trademark-to-describe-a-race-i-did/) - The Ironman trademark (the second link is to one of the many Ironman registrations) is an extremely valuable trademark to the World Triathlon Corporation. The WTC works to protect its unauthorized use (though sometimes I do question their authorized use). I have heard questions before from other triathletes about how they can use the Ironman
- [Filing an Assignment with a Patent Application](https://galvanilegal.com/filing-an-assignment-with-a-patent-application/) - An assignment can be filed with a patent application to immediately convey control of the patent application to the assignee. This is frequently necessary where the inventor is an employee of a company that will be controlling the patent application. Only an inventor - a human - can be an applicant for a patent, not
- [Twin Peaks Trademarks](https://galvanilegal.com/twin-peaks-trademarks/) - Before the end of last year, I wrote about obtaining trademark protection in a series of works. I used books as an example: while you normally cannot register the title of a single book, when you develop a series of books under the same title, that title develops trademark rights for which you can seek
- [Skee-Ball Trademark Dispute](https://galvanilegal.com/skee-ball-trademark-dispute/) - I received my latest bit of trademark happenings from this weekend's Saturday Night Live Weekend Update, not a colleague's blog. Skee-Ball, Inc., the owner of Skee-ball games filed suit against a company that runs Skee-ball tournaments under the moniker “Brewksee-Ball.” Whoops. Looks like the tourney company didn't get a lawyer's clearance on this one before
- [Obtaining a Trademark on a Book Title](https://galvanilegal.com/obtaining-a-trademark-on-a-book-title/) - Trademark rights in a book title are not ordinarily available. Trademark protection doesn't extend to titles of single pieces. Even massive sales of a single work cannot create the necessary source-indicating quality that a trademark requires. So if your book is a stand-alone piece, you likely cannot protect its title. Trademark protection is available when
- [A Patent is a Tool, not a Ticket](https://galvanilegal.com/a-patent-is-a-tool-not-a-ticket/) - I hear too many people saying, “I've got this great idea. If I could just get it patented, I'd make a million dollars.” A patent isn't a ticket into a life of luxury. It doesn't mean squat if you don't use it. The first indication of this should be the sheer number of patents and
- [Patentable Subject Matter - Mayo v. Prometheus](https://galvanilegal.com/patentable-subject-matter-mayo-v-prometheus/) - An invention must be of the appropriate subject matter to be eligible for a patent. Appropriate subject matter includes, by statutory definition, a machine, article of manufacture, composition of matter, or process. For most inventions, the determination regarding whether the invention is patent eligible is generally an easy one. However, in some areas of technology,
- [Insurance Extension Requests in Section 1(b) Trademark Applications](https://galvanilegal.com/insurance-extension-requests-in-section-1b-trademark-applications/) - When an Section 1(b) intent-to-use trademark application receives a Notice of Allowance, the applicant has six months to file an acceptable statement of use to prove that the applied-for mark is being used in commerce. Applicants that fail to file by the six-month deadline can request a six-month extension, and indeed, can continually file those
- [Look For Advertising](https://galvanilegal.com/look-for-advertising/) - I was in Santorini a few months ago and saw this sign. Clients frequently have trade dress aspects of their business that are worthy of protection, but they aren’t sure about how to advertise them. This sign illustrates a classic way for trade dress owner to teach the public about its brand. “Look for the
- [What to Get the Trademark Attorney in Your Life](https://galvanilegal.com/what-to-get-the-trademark-attorney-in-your-life/) - I saw on TV the other day the perfect gift for your favorite trademark attorney or advertising executive. Test their subject matter knowledge with the LOGO board game. Spin Master, a Canadian company, has developed a game tapping into the marketing that has been thrown at you all your life and the amazing repository of brand
- [Patent Claims - An Analogy](https://galvanilegal.com/patent-claims-an-analogy/) - Understanding patent claims is crucial when you are trying to understand what a patent is and what it can do for you as an inventor. I recently read in Mechanics of Patent Claim Drafting by John Landis a great, easy-to-comprehend explanation: "A claim is a one-sentence definition of the structure of the defined invention. It
- [Open Source Prosthetics Development](https://galvanilegal.com/open-source-prosthetics-development/) - After listening to a fascinating interview of double-amputee Scott Rigsby on IM Talk, I began thinking about the world of prosthetics and how it relates to my career in patents. With nearly all medical devices, intellectual property protection can often be a divisive topic. On the one hand, some argue that patents are necessary to
- [Brand Bully Basement](https://galvanilegal.com/brand-bully-basement/) - Lara Pearson, operator of the brandGEEK website, has created an avenue for victims of trademark bullying. Those who feel they have been wrongly pushed around by someone exerting a little too much influence with a trademark can complain at Brand Bully Basement. As the forum picks up publicity, hopefully the actions complained of there will
- [The Duty of Candor and Good Faith in Patent Applications](https://galvanilegal.com/the-duty-of-candor-and-good-faith-in-patent-applications/) - Inventors filing patent applications must disclose information which is material to the patentability of their inventions.
- [Disclaimers in Trademark Office Actions](https://galvanilegal.com/disclaimers-in-trademark-office-actions/) - Disclaimers are a frequently raised issue by the Trademark Office. I see such rejections most often when a mark owner files the application himself and includes too much material in the mark, but they do occasionally arise when a trademark attorney files the application as well. Whoever files the application, disclaimers are common. Let’s say
- [America Invents Act Online Guide](https://galvanilegal.com/america-invents-act-online-guide/) - I’ve already received many calls from clients about the American Invents Act. For those who want an online reference, the USPTO has created a site that contains some very basic information about the changes it will bring. Some of those changes, such as patent fees, went into effect yesterday. Others will fall into place over
- [Patent Reform](https://galvanilegal.com/patent-reform/) - You may have heard that a patent reform bill was recently passed by Congress reforming the way our patent system runs. If signed by the President, it will bring the largest changes to the patent system in over a hundred years. Some of the changes: First Inventor to File: The US currently uses a first-to-invent
- [Should I use LegalZoom for my Trademark Application?](https://galvanilegal.com/should-i-use-legalzoom-for-my-trademark-application/) - Trademark applications mature into trademark registrations and can be very important and valuable assets for a business. Anyone can file a trademark application, and most people can successfully “register” a trademark. However, the value of a DIY trademark is dubious, and, more importantly, its value usually isn’t called into question until just when you need
- [First to File Risks to Individual Inventors](https://galvanilegal.com/first-to-file-risks-to-individual-inventors/) - A new study of the first-to-file patent system reform proposals suggests the system may reduce the number of independent inventors filing patent applications
- [Sampled "Success" Rates of Patent Applications, Courtesy Patently-O](https://galvanilegal.com/sampled-average-success-rates-of-patent-applications-courtesy-patently-o/) - Patently-O did a brief post yesterday on a selected group of patent applications to see how the applications have proceeded through the PTO. Of the applications filed in February 2006, 57% have matured into a patent, 28% are abandoned, and 15% remain pending. Five and a half years is a long time to work through
- [Dex Encourages you Dex It! and Obliterate their Trademark](https://galvanilegal.com/dex-encourages-you-dex-it-and-obliterate-their-trademark/) - This morning I saw a Dex commercial urging the viewer to “Dex it” when they needed to look something up. Dex it? Instead of Googling searching online for it? Well, first off, I have opted-out of receiving most telephone books, because the time I spend bringing it back from the front of the driveway will
- [Ornamental and Fuctional Aspects in the Same Invention](https://galvanilegal.com/ornamental-and-fuctional-aspects-in-the-same-invention/) - My invention has both functional and ornamental aspects – can I file for both utility and design patent protection? Absolutely. Both aspects of the invention can be protected. Some considerations (there will probably be others): Timing: Ensure that both applications have the same filing date by submitting them at the same time. It is easier
- [Buying a Domain Name?  Do a Clearance Search](https://galvanilegal.com/buying-a-domain-name-do-a-clearance-search/) - Every once in a while, I get offers to buy domain names in my field - arizonacopyrightatttorney.com or arizonapatent.com, things like that. I have yet to buy one, but I am sure they aren’t cheap – several thousand dollars, perhaps. The value of a domain name is related to the strength of its searchable quality,
- [The America Invents Act and the Individual or Small Business Patentee](https://galvanilegal.com/the-america-invents-act-and-the-individual-or-small-business-patentee/) - Patent reform has been making its way through Congress. The Senate passed a bill, the House passed it in a slightly different form, and it is now going back to the Senate. If approved by that chamber and then approved by the President, it will become law. There are many different parts of the bill
- [Store Layout Trade Dress](https://galvanilegal.com/store-layout-trade-dress/) - The way a store or restaurant looks is often central to the success of business. It is often also an asset of the business that can be protected as trade dress. Restaurants and stores (successful ones, at least) tend to adopt consistent layouts, color schemes, and other thematic elements that help customers realize where they
- [Prevent your Trademark from Becoming a .xxx Domain](https://galvanilegal.com/prevent-your-trademark-from-becoming-a-xxx-domain/) - .XXX domain formats are due out soon. This means that you will begin to see (or not see) porn sites moving to the format www.SITENAME.xxx around the end of the year. This new domain is intended to isolate adult websites within a red light district of the Internet, off the main .com addresses, thereby allowing
- [Patents and Triathlon Bikes](https://galvanilegal.com/patents-and-triathlon-bikes/) - Bike technology is one of the most heavily patented areas, so I'm surprised by the relative ease with which the patent Doug speaks to went through prosecution.
- [Trademark Searches of Design Marks](https://galvanilegal.com/trademark-searches-of-design-marks/) - Trademark searches can be informative tools. Yesterday, Bruno Tarabichi from Trademark Sentinel wrote about the effectiveness of a client-performed trademark search. He noted, quite rightly, that clients often choose to do their own search instead of having one professionally run. For word marks, clients can certainly perform their own searches. Design marks can be much
- [Developing Trade Dress Rights](https://galvanilegal.com/developing-trade-dress-rights/) - Trade dress is the protectable dress, design, packaging, or look-and-feel of a product or service. Because trademark rights are all about use and signaling in the consumer’s mind the source of the product, nearly anything that functions as such a symbol can operate as trade dress, unless, of course, it is more appropriately considered a
- [iGenericide to iStrategy](https://galvanilegal.com/igenericide-to-istrategy/) - Ok, I am guilty of it. Last week, I complained that everyone and their mother was sticking "i" in front of a word and calling it a brand, but darn'd if I can't help but do it too - and find it a little bit fun. I wrote last week that the family of i-marks
- [iGenericide](https://galvanilegal.com/igenericide/) - iMac, iBook, iPod, iPad - Apple started it, but everyone has jumped on the bandwagon. The i-mark is dead, or at least, not creative.
- [Accuracy and Precision in Patent Writing](https://galvanilegal.com/accuracy-and-precision-in-patent-writing/) - Patents can be difficult to read and write. But there is a reason: precision and accuracy control how the application is examined and the patent enforced.
- [Foreign-Priority Trademark Applications and their Benefits](https://galvanilegal.com/foreign-priority-trademark-applications-and-their-benefits/) - US trademark applications and registrations can be used to obtain trademark protection in other countries. Similarly, foreign trademark applications and registrations can be the basis for a trademark application filed in the US. As a member to a number of international agreements, the United States has assumed certain obligations regarding foreign trademarks. There are two
- [Are you pushing, riding, or blocking the Winnebago?](https://galvanilegal.com/are-you-pushing-riding-or-blocking-the-winnebago/) - Today I came across this article from Inventors Digest featuring podcast star Adam Carolla. It captions his life as a metaphor for invention – the ability to try, fail, and improve. And it makes a good point that America, and each of us living in it, are all constant inventions. Some fail, some succeed, most
- [Blurring out Clothing on TV](https://galvanilegal.com/blurring-out-clothing-on-tv/) - I was recently listening to an interview of Morgan Spurlock, who is coming out with a new film called The Greatest Film Movie Ever Sold or, really, POM Wonderful Presents: The Greatest Movie Ever Sold, which explores the world of product placement and the new media of advertising. The film is completely funded by the
- [Copyright for Tyson's Face](https://galvanilegal.com/copyright-for-tysons-face/) - Did you love The Hangover and are you desperately waiting for The Hangover: Part II to come out in a few weeks? Well, a tattoo artist is trying to stymie your anticipation by preventing its release! In The Hangover: Part II, Ed Helms’ character gets a tattoo on his face nearly identical to the one
- [PTO still not sure about Trademark Bullying](https://galvanilegal.com/pto-still-not-sure-about-trademark-bullying/) - A few weeks ago, I argued that the term “trademark bully” should be carefully applied and not overused. The tendency is to inflate every act of trademark patrolling as bullying. Of course, the term didn’t arise without reason – there are certainly examples of bullying by trademark owners where the scope of the owner’s rights
- [Opposition Proceedings in Patent Examinations](https://galvanilegal.com/opposition-proceedings-in-patent-examinations/) - Unlike oppositions in trademark examinations, there is no formal opposition proceeding in patent examinations.
- [United States Patent and Trademark Office’s National Trademark Expo](https://galvanilegal.com/united-states-patent-and-trademark-offices-national-trademark-expo/) - 2011 National Trademark Expo is educates the public about trademarks, their value in the global marketplace, and the USPTO's electronic filing system.
- [A New Fast-Track Method for Examining Patent Applications](https://galvanilegal.com/a-new-fast-track-method-for-examining-patent-applications/) - The Patent Office has announced a fast-track patenting process for $4,000.
- [Trademark Bullying](https://galvanilegal.com/trademark-bullying/) - The term “trademark bully” is a hot one these days, showing up in blogs and getting its own Chilling Effects-esque website. Perhaps its use parallels the media’s coverage of what seems to be increasingly more child-bullying examples. A trademark bully is an entity with a trademark that asserts it in cease and desist letters, threatened
- [Trademark False Marking: An Avvo April Fools Joke Done Gone Confusing](https://galvanilegal.com/trademark-false-marking-an-avvo-april-fools-joke-done-gone-confusing/) - Trademark False Marking and penalties for applying a registered trademark symbol.
- [Dr. Harry Wesley Coover, Patent Giant](https://galvanilegal.com/dr-harry-wesley-coover-patent-giant/) - Harry Wesley Coover, inventor of Super Glue, passed away on the night of March 26th. Dr. Coover was a massive patent figure as the applicant or holder of 460 patents throughout his life. His most famous, of course, defined him in the patent spotlight.
- [Aflac's Quackless Commercial](https://galvanilegal.com/aflacs-quackless-commercial/) - Last week, DuetsBlog squawked about Aflac’s recent firing of Gilbert Gottfried as the voice of the Aflac Duck after he comments he made about the Japan crisis. The characteristic quack of the Aflac Duck is a registered trademark of Aflac, presenting a number of issues concerning the future of use of the quack by Aflac
- [IP Subject Matter Expansion](https://galvanilegal.com/ip-subject-matter-expansion/) - Professor Andrew Beckerman-Rodau has recently written in the Yale Journal of Law & Technology that intellectual property protection has expanded beyond its intended, or appropriate, scope. This has resulted in the lines between subject matter (and their corresponding intellectual property) being blurred or completely erased. In turn, it's created problems because the typical trio of
- [Latest Arizona Patent Lawsuit](https://galvanilegal.com/latest-arizona-patent-lawsuit/) - I'm going to start providing updates on patent lawsuits filed in Arizona. Because there are so few of them, this should be a fairly manageable task. Last week, Tucson, Arizona Precision Shooting Equipment filed this complaint against Extreme Technologies, Inc. dba Diamond Archery. The complaint alleges Diamond Archery's "Nuclear Ice" hunting bow infringes U.S. Patent
- [Not Invented Here!](https://galvanilegal.com/not-invented-here/) - Inventors often dream big. Nothing wrong with that - progress is made by dreamers. Dream right, though; not everyone can take an idea, turn it into a great product or service, and sell it to someone. There are a lot of reasons why a great idea might never buy an inventor his own private island
- [Iron Branding](https://galvanilegal.com/iron-branding/) - I’m in training for Ironman Arizona. Oops, I mean, Ford Ironman Arizona. Er, I mean, the Ford Ironman Arizona Tempe triathlon. I think? I don’t know anymore. Ironman may be most familiar to sane people because of the Timex watch line. Since I was 12, I’ve had one of these watches – they were great
- [Beer Glass Design Patents](https://galvanilegal.com/beer-glass-design-patents/) - Beer glasses can raise a lot of controversy among beer drinkers. Some think a glass is a glass is a glass (or a cup), while others believe that each beer type should be poured in its own specifically designed glass. King of pop Michael Jackson could go and on about the propriety of this stein
- [Tom has Moved his Practice](https://galvanilegal.com/tom-has-moved-his-practice/) - The blog has fallen silent the last few weeks because I have been in the midst of merging with Parsons & Goltry and closing down the Galvani Legal LLC office. With Parsons & Goltry, I will continue providing the same patent, trademark, and copyright services that I did when I operated Galvani Legal. I will
- [iPad Trademark Rights](https://galvanilegal.com/ipad-trademark-rights/) - This Phoenix Patent Attorney was in Miami for part of the last two weeks, and I couldn’t help but notice the tremendous use of huge billboards. Advertising is colossal in that town, and so trademarks are everywhere. On the way out, I noticed one ad that struck a well-known chord. This poster for the Marquis
- [Big Ol' Trademark](https://galvanilegal.com/big-ol-trademark/) - Following on very nicely with what I wrote yesterday, today I found an example of a mouthful of a trademark. You can decide how many of Steve's characteristics this mark upholds / violates: The Word Mark: JUST PLAIN JOE COFFEE COMPANY "GOURMET COFFEE AT A REASONABLE PRICE" THE JUST PLAIN JOE COFFEE COMPANY, IN CONJUNCTION
- [Are you a serious trademark owner?  27 easy questions.](https://galvanilegal.com/are-you-a-serious-trademark-owner-27-easy-questions/) - An excerpt from DuetsBlog discussing what serious trademark owners do.
- [Foreign Language Trademarks and Non-English Trademark Applications](https://galvanilegal.com/foreign-language-trademarks-and-non-english-trademark-applications/) - If the USPTO receives a trademark application for a non-English trademark without a translation or transliteration, it will require that one be submitted.
- [MDY v. Blizzard - Ninth Circuit Weighs in on Software ownership and DMCA Anti-Circumvention](https://galvanilegal.com/mdy-v-blizzard-ninth-circuit-weighs-in-on-software-ownership-and-dmca-anti-circumvention/) - The Ninth Circuit released an opinion in a World-of-Warcraft case regarding software ownership, copyright infringement, and a circuit split over the DMCA.
- [Public Disclosure and Filing a Patent Application](https://galvanilegal.com/public-disclosure-and-filing-a-patent-application/) - Your ability to file and obtain a patent depends on many things. The novelty and non-obviousness of the invention may be foremost in your mind. However, other things are influential as well, such as the skill of the patent attorney drafting the application, the quantity and quality of your disclosure to your patent attorney, the depth
- [What is a copyright search?](https://galvanilegal.com/what-is-a-copyright-search/) - A copyright search looks for infringement. But it can be a dangerous way to expose yourself to copyright infringement.
- [What is a patent declaration?](https://galvanilegal.com/what-is-a-patent-declaration/) - A patent declaration acknowledges that the inventor is the original inventor, will disclosure material information, and has read and understands the application
- [What is a patent license?](https://galvanilegal.com/what-is-a-patent-license/) - An issued patent has a number of exclusive rights, each of which can be divided up individually from the others.
- [Original, Continuation, and Divisional Application Strategy](https://galvanilegal.com/original-continuation-and-divisional-application-strategy/) - An inventor cannot patent two inventions within one application; if he tries, he may have to file a divisional or a continuation application.
- [Right to Use versus Right to Exclude](https://galvanilegal.com/right-to-use-versus-right-to-exclude/) - Patents confer an exclusive right to prevent or exclude anyone from making, using, selling, offering for sale, or importing their invention.
- [Patent Office Action Response Deadlines](https://galvanilegal.com/patent-office-action-response-deadlines/) - Responding to an Office Action affects the life of your patent, the fees due to the Patent Office, and the term of your patent protection.
- [Registering for Federal Copyright Protection](https://galvanilegal.com/registering-for-federal-copyright-protection/) - Benefits of registering your copyright with the federal government.
- [Trademark Opposition](https://galvanilegal.com/trademark-opposition/) - A trademark opposition is a public proceeding held before the Trademark Office that determines whether an applied-for-mark should or should not be registered.
- [Who owns my logo?  The graphic design company that developed it or me?](https://galvanilegal.com/who-owns-my-logo-the-graphic-design-company-that-developed-it-or-me/) - Trademark and copyright can exist in a logo, so it is important to have a contract with an independent contractor who develops the logo assigning the rights to you.
- [Lemons, Lemonade, and Legal Advice](https://galvanilegal.com/lemons-lemonade-and-legal-advice/) - A lawyer can give clients with technical legal advice or can be part of the process of improving a client's business. It depends on how the lawyer says "no."
- [Patent Dashboard Displays a Clear, but Sad, View of Patent Pendency](https://galvanilegal.com/patent-dashboard-displays-a-clear-but-sad-view-of-patent-pendency/) - The Patent Office has taken a number of steps in the last year or so toward transparency, approachability, and clarity. It recently released the Patent Dashboard, or "Data Visualization Center." The Dashboard is a simple display of the average time it takes to get to various milestones in the patenting process. The data is clear
- [Copyright Infringement on the Web - DMCA Takedown Notices](https://galvanilegal.com/copyright-infringement-on-the-web-dmca-takedown-notices/) - A DMCA Takedown Notice can be used to remove copyrighted content from a website that has stolen material or infringed the copyright of another site.
- [What is an effective filing date?](https://galvanilegal.com/what-is-an-effective-filing-date/) - An effective filing date is the date a patent application claims as its own: it may correspond to the filing date of the application or a parent application.
- [TED Talk: Johanna Blakley: Lessons from fashion's free culture](https://galvanilegal.com/ted-talk-johanna-blakley-lessons-from-fashions-free-culture/) - Johanna Blakley discusses fashion and the lack of copyright protection over it, and discusses the success of the industry despite this.
- [Can a slogan be a trademark?](https://galvanilegal.com/can-a-slogan-be-a-trademark/) - A slogan can operate as a trademark if it is not merely informational or laudatory. It has to identify and distinguish the source of the product or service.
- [A Lesson in Copyrights and Licensing from The Verve](https://galvanilegal.com/a-lesson-in-copyrights-and-licensing-from-the-verve/) - The song Bittersweet Symphony was sampled from a Rolling Stones song and led to lawsuits and licensing agreements, ultimately depriving The Verve's profits.
- [How to Patent an Idea](https://galvanilegal.com/how-to-patent-an-idea/) - Patenting an idea is really about patenting an invention. Filing a patent application isn't the first step, and you should know them all before you start.
- [Job-Creating Patents](https://galvanilegal.com/job-creating-patents/) - Patents help spur the economy and can create jobs. By infusing the Patent Office with $1 Billion, the Michel and Nothhaft argue millions of jobs would be created.
- [Filing a Non-Publication Request](https://galvanilegal.com/filing-a-non-publication-request/) - Filing a Non-Publication Request in a patent application keeps your invention secret during prosecution but limits your ability to seek foreign patent protection
- [Love, Marriage, Divorce & Patents](https://galvanilegal.com/love-marriage-divorce-patents/) - At what point does a patent become property, and what affects the determination of whether it is community property or separate property.
- [Trademark Resource](https://galvanilegal.com/trademark-resource/) - The Trademark and Intellectual Property Weblog has some good, basic information about trademarks without all the legal analysis.
- [Patents Explained: Description of the Drawings](https://galvanilegal.com/patents-explained-description-of-the-drawings/) - The description of the drawings is a section of a patent application that explains and describes the drawings contained in the application.
- [Patents Explained: The Summary](https://galvanilegal.com/patents-explained-the-summary/) - The summary of a patent is a brief description of the invention meant to quickly describe the nature of the invention.
- [Take Down Duties for Copyrighted Material](https://galvanilegal.com/take-down-duties-for-copyrighted-material/) - Ben Sheffner writes about the recent Viacom v. YouTube case, which he finds extremely disappointing in its dodging of the question of what, besides an official takedown notice, can require an online content provider to remove copyrighted material. Quick background: the DMCA requires that a content provider, such as YouTube, Facebook, Flickr, etc., remove copyrighted
- [Provisional Application - a Metaphor](https://galvanilegal.com/provisional-application-a-metaphor/) - Provisional applications allow you to claim an early filing date if you file a follow-on utility application. However, the subject matter claimed must be carefully adhered to.
- [Patents Explained: Background and Field of Invention](https://galvanilegal.com/patents-explained-background-and-field-of-invention/) - Background section of a patent explains the prior art and the field of the invention.
- [Patents Explained: The Abstract](https://galvanilegal.com/patents-explained-the-abstract/) - The abstract of a patent is a summary or explanation of the patent.
- [Think Only Record Companies are Suing?  Think Again.](https://galvanilegal.com/think-only-record-companies-are-suing-think-again/) - Everyone knows of the widespread copyright infringement the Internet made possible. And I think most of us are aware that the RIAA and record studios have been the most visible face of copyright infringement lawsuits. But movie studios also sue. I had a friend who got a warning from Stanford several years ago for downloading
- [Finding and Hiring Reputable Patent Practitioners](https://galvanilegal.com/finding-and-hiring-reputable-patent-practitioners/) - Choose a patent attorney or invention promotion service carefully when deciding how to patent your invention.
- [Secrecy, PR, and Media Intrigue](https://galvanilegal.com/secrecy-pr-and-media-intrigue/) - Marc Graser and Dave McNary wrote a great piece over at Variety regarding the difficulties in keeping a blockbuster movie under wraps during production. Pre-release leakage of information, pictures, scripts can destroy a movie - but it can also make one. I couldn't help but read this and think how it parallels the need for
- [Bilski v. Kappos - Patentability Tests](https://galvanilegal.com/bilski-v-kappos-patentability-tests/) - Bilski was released today, and the Supreme Court basically states that the "Machine or Transformation" test it is not the only way to determine patent eligibility for a process.
- [Patience Urged for Bilski](https://galvanilegal.com/patience-urged-for-bilski/) - Bilski v. Kappos, a case regarding software and business method patents, should be delivered by the Supreme Court on Monday.
- [Choosing a Trademark](https://galvanilegal.com/choosing-a-trademark/) - Steps for picking a trademark for your company and its products or services.
- [How Not to Write a Patent](https://galvanilegal.com/how-not-to-write-a-patent/)
- [Reproduction of Trademarks in Photos](https://galvanilegal.com/reproduction-of-trademarks-in-photos/) - Reproducing trademarks in photographs and pictures can be trademark infringement, depending on the circumstances.
- [Copyright Fair Use](https://galvanilegal.com/copyright-fair-use/) - Short description of the fair use doctrine and the protection it provides from copyright infringement.
- [Patent Flowchart](https://galvanilegal.com/patent-flowchart/) - Patent Office flowchart that explains the steps in a patent application.
- [Expediting the Patent Examination Process for Age or Health](https://galvanilegal.com/expediting-the-patent-examination-process-for-age-or-health/) - A patent application can take a long time to prosecute, but some applications can be expedited based on age and health.
- [Enlighted Designs bridges copyright-patent gap with lighted clothing](https://galvanilegal.com/enlighted-designs-bridges-copyright-patent-gap-with-lighted-clothing/) - Enlighted Design bridges copyright-patent gap with lighted clothing by designing clothes that are inseparably functional and artistic.
- [Placing a Copyright Notice on your Work](https://galvanilegal.com/placing-a-copyright-notice-on-your-work/) - What is the proper way to affix copyright notice? Why?
- [Past Future of Computing](https://galvanilegal.com/past-future-of-computing/) - Interview at D5 conference in 2007 with Steve Jobs and Bill Gates
- [Can an Abandoned Patent Application be Revived?](https://galvanilegal.com/can-an-abandoned-patent-application-be-revived/) - How to Petition for revival of a patent application.
- [I'm Selling a Company And Its Trademarks What Do I Need To Do](https://galvanilegal.com/im-selling-a-company-and-its-trademarks-what-do-i-need-to-do/) - When purchasing a trademark, be sure to record the sale so that it becomes effective on subsequent would-be purchasers.
- [quick gripe](https://galvanilegal.com/quick-gripe/) - Quick complaint about legalese.
- [More Open Source Development In Large Companies](https://galvanilegal.com/more-open-source-development-in-large-companies/) - GE adopting an open-source model for it next advertising campaign.
- [You Can't Change a Trademark Goods and Services Description](https://galvanilegal.com/you-cant-change-a-trademark-goods-and-services-description/) - Can the goods and services description on an application for a federal trademark registration be changed after it is filed?
- [Preventing Trademark Dilution by Monitoring Potentially Infringing Use](https://galvanilegal.com/preventing-trademark-dilution-by-monitoring-potentially-infringing-use/) - Chik-Fil-A protects its mark, but doing so never is great PR.
- [How to Protect Photos on the Web](https://galvanilegal.com/how-to-pro/) - Protect photographs posted on the internet from copyright infringement with legal and technical tactics.
- [First Office Action Pendency](https://galvanilegal.com/first-office-action-pendency/) - Patently-O did the work, and I'm happy to reprint it. It's no secret that getting a patent is a lengthy process: Current Patent Office estimates show that it has been taking, on average, between 1.95 and 3.98 years for the first office action in a utility patent. Design and plant patents are at 1.13 and
- [How to Protect your Invention with a Patent](https://galvanilegal.com/how-to-protect-your-invention-with-a-patent/) - Video with a visual explanation of how to protect your invention with a patent. Describes the entire patenting process.
- [What's the difference between ® and TM?](https://galvanilegal.com/whats-the-difference-between-and-tm/) - The difference between the two symbols ® and TM is whether the trademark has been registered with the federal government. A mark with a TM signifies a mark that hasn't been registered; the ® symbol can only be used with a trademark that has been registered. There is no requirement that a trademark be registered.
- [How to Pick a Trademark for your Business, Products, or Services](https://galvanilegal.com/how-to-pick-a-trademark-for-your-business-products-or-services/) - Picking a trademark is no small matter, nor should it be. A trademark helps define a business's image and can add significant value to your venture. It distinguishes your company and its products from all others. The report How to Pick a Trademark for your Company explains the most essential information a business owner must
- [How to Use an NDA to Protect your Invention](https://galvanilegal.com/how-to-use-an-nda-to-protect-your-invention-2/) - When you've come up with a new invention, and you need some help developing it - whether it be the designing, prototyping, or manufacturing of the invention - you need to use an NDA. Non-Disclosure Agreements are a crucial way to protect the secrecy of your invention. If your invention is revealed to the public,
- [galvanilegal blog on twitter](https://galvanilegal.com/galvanilegal-blog-on-twitter/) - I've now linked this blog to twitter. I'll be sending out periodic updates from my blog on patent, trademark, and copyright news and tips.
- [Why register a federal trademark?](https://galvanilegal.com/why-register-a-federal-trademark/) - A trademark registered with the federal government carries a number of advantages over one that has not been registered. First, only federally registered trademarks can be enforced in federal court – so if someone is using your mark illegally, you can use the federal courts and federal law to get them to stop. Second, if
- [TMZ and the Right of Publicity](https://galvanilegal.com/tmz-and-the-right-of-publicity/) - A podcast I listen to was ranting about the worthlessness of TMZ and wondering how TMZ can publish pictures of celebrities without their approval. The host's point was that celebrities make their money on their image and would be compensated if they appeared in a commercial for a product or in an interview spot on
- [Patent Reform Act of 2009](https://galvanilegal.com/patent-reform-act-of-2009/) - Have an invention you want to patent, or are you about to file a patent application? Change may be in the works at the USPTO. Today, the Senate reached a "tentative agreement" over a patent reform bill that has been working its way through Congress. The bill would change a number of things in patent
- [Vermonster v. Monster](https://galvanilegal.com/vermonster-v-monster/) - I posted an article a little while ago about the power of social networking in a pre-litigation scenario. Beernews.org put out an article about a cease-and-desist letter that Hansen, owner of the MONSTER trademark, sent small-town Rock Art Brewery, concerning its Vermonster beer. There was an immediate backlash on Twitter, Facebook, and YouTube, which no
- [Error in MPEP 2141](https://galvanilegal.com/error-in-mpep-2141/) - The online version of MPEP 2141 states, in Section II: The factual inquiries enunciated by the Court [in Graham] are as follows: (A) Ascertaining the differences between the claimed invention and the prior art; and (B) Ascertaining the differences between the claimed invention and the prior art; and (C) Resolving the level of ordinary skill
- [The Fraud Standard - In re Bose Corp.](https://galvanilegal.com/the-fraud-standard-in-re-bose-corp/) - Bose isn't a newly issued case, but I just went to a seminar on it and the fraud standards in trademark and patent matters, so I thought I'd report on it here. Bose opposed the registration of HEXAWAVE, and Hexawave counterclaimed by calling for the cancellation of WAVE based on fraud. Hexawave claimed that Bose
- [Branding](https://galvanilegal.com/branding/) - Last night I attended a Phoenix Chamber of Commerce Valley Young Professionals event called Making a Brand Stronger: Your Company, You, and Your City. The hosts, David and Sam PR, spoke mainly about Phoenix's image as a national city and the discontinuity between its size and its commercial strength. They spoke very intelligently about the
- [Venture Capital in 2009](https://galvanilegal.com/venture-capital-in-2009/) - The New York Times and the Arizona Republic recently published stories on the condition of venture capital in 2009, as documented by Friday's report released by PricewaterhouseCoopers and the National Venture Capital Association.
- [Open Source Solutions](https://galvanilegal.com/open-source-solutions/) - Applications of open-source theories of cooperation and development are popping up all over the place. In veiled product R&D, Coca Cola now offers a self-serve soda fountain - the Freestyle - where users can mix hundreds of different flavors to concoct their own favorite beverage. You can bet that the results and statistics are being
- [Bad Press Revamped: Facebook as a Client Alternative](https://galvanilegal.com/bad-press-revamped-facebook-as-a-client-alternative/) - Social networking helped you connect with your high school friends, then helped you find colleagues and business contacts across the country. Now it is being used by companies to ward off marauding trademark holders protecting their brand and then some, as shown in this post over at MyShingle. Bad press on social networking sites gives
- [37 C.F.R. 11.9 Limited Recognition in Patent Matters](https://galvanilegal.com/37-c-f-r-11-9/) - Remind me again why I took the patent bar. I discovered this gem today: § 11.9 Limited recognition in patent matters. (a) Any individual not registered under § 11.6 may, upon a showing of circumstances which render it necessary or justifiable, and that the individual is of good moral character and reputation, be given limited
- [Search Patents & Opinions with Google](https://galvanilegal.com/search-patents-opinions-with-google/) - In the past two months, Google has made strides in increasing the accessibility of legal information. In November, Google introduced Google Scholar, which ranks and returns legal opinions and publications in response to a search. While much of this information was already freely available on sites such as Findlaw or FastCase (a service provided through
- [2009-1001 Gemtron Corp. v. Saint-Gobain Corp.](https://galvanilegal.com/2009-1001-gemtron-corp-v-saint-gobain-corp/) - Decided: July 20, 2009 Plaintiff Gemtron sued Saint-Gobain for infringement of its patent on a refrigerator shelf. Gemtron’s claim 23 detailed a one-piece plastic shelf frame that accepted a glass shelf with a “snap-secure” mechanism that locked the glass into the edges of the frame without adhesive. Saint-Gobain’s shelf system used an adhesive to attach
- [2009-1100 In re Shinnecock Smoke Shop](https://galvanilegal.com/2009-1100-in-re-shinnecock-smoke-shop/) - Decided: July 1, 2009 Appellant Smith, a member of the Shinnecock Indian Nation, filed two applications for trademarks. Both were rejected, and Smith appealed to the TTAB. The TTAB affirmed, and Smith appealed to the Federal Circuit Court of Appeals. Both the PTO examiner and the TTAB decided that the words “made under sovereign authority”

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- [Home](https://galvanilegal.com/) - Tom Galvani is a leading patent and trademark attorney in Phoenix, Arizona providing intellectual property law services to clients locally and nationally.
- [Corporate Law](https://galvanilegal.com/transactions/) - Ready to navigate the complexities of corporate law? Contact our experienced corporate law attorney Kami Galvani today for a free consultation.
- [Contact](https://galvanilegal.com/contact/) - Contact Arizona patent & trademark attorney Tom Galvani, or business attorney Kami Galvani, for questions about your invention or business. Call: 602-281-6481
- [About](https://galvanilegal.com/about/) - Patent attorney Tom Galvani and business lawyer Kami Galvani provide intellectual property and corporate law services to clients nationally & internationally.
- [Resources](https://galvanilegal.com/resources/) - Here are resources for patent and trademark issues. Some are internal links to content within the site, some are links to government bodies.
- [International Patent Application Filings](https://galvanilegal.com/international-patent-application-filings/) - International Patent Application Filings Most countries outside the United States offer some form of patent protection. While there is no single “international” patent which covers the whole world, or even large parts of the world, there are still avenues for foreign protection. The Paris Convention is an international treaty signed by most countries around the
- [Legal Notice](https://galvanilegal.com/legal-notice/) - Legal Notice Legal Notice – Nature of the WebsiteThis website, blog, and newsletter provide general information about Thomas W. Galvani, P.C. and that firm’s intellectual property services. They comprise a service provided to clients and the public. The information contained therein is general information and does not constitute or contain legal advice. Such advice should
- [Trademark FAQ](https://galvanilegal.com/trademark-faq/) - Trademark FAQ The following are questions that trademark client frequently ask. They are answered here to refresh the memories of current clients and to help make interested readers more informed. If you need more information, please feel free to contact Tom Galvani at 602-281-6481 to ask a question or set up a free, initial consultation. What is a trademark?
- [Patent FAQ](https://galvanilegal.com/patent-faq/) - Patent FAQ The following are questions that are frequently raised by patent clients. They are answered here to refresh the memories of current clients and to help make interested readers more informed. If you need more information, please feel free to contact me at 602-281-6481. What is a patent? A patent is a set of
- [Utility Patent Applications](https://galvanilegal.com/utility-patent-applications/) - Utility Patent Applications A patent issues only as the result of filing a patent application. Most patent applications are utility patent applications; they are drawn to functional articles, machines, compositions, or processes. Utility patents do not cover ornamentation on functional items or the asexually-reproducing plants – those are the province of design and plant patents, respectively. A
- [Provisional Applications](https://galvanilegal.com/provisional-applications/) - Provisional Applications Provisional applications are different from utility patent applications. Provisional applications will never become patents. They do not undergo the examination process to which utility patent applications are subjected. Instead, provisional applications are simply filed with the United States Patent and Trademark Office and then expire 12 months later. They are useful, however, for securing an early filing
- [Practice Areas](https://galvanilegal.com/practice-areas/) - Practice Areas Patent Law Learn more Ideas – Innovations – Inventions – Improvements.Patents protect your hard work. Trademark Law Learn more Branding – Marketing – Logos – Names.Trademarks protect your identity. Copyright Law Learn more Authorship – Creativity – Expression.Copyright protects your creation. Internet Law Learn more End User Agreements – Privacy Issues.Internet law governs
- [Patent Law](https://galvanilegal.com/patent-law/) - Tom Galvani is an expert patent attorney in Phoenix, Arizona providing distinguished patent law services to clients locally and nationally.
- [Trademark Law](https://galvanilegal.com/trademark-law/) - Tom Galvani is a professional trademark attorney in Phoenix, Arizona with years of experience providing trademark law services to clients locally & nationally.
- [Freedom to Operate Opinions](https://galvanilegal.com/freedom-to-operate-opinions/) - Freedom to Operate Opinions Freedom to Operate Opinions, or non-infringement opinions, are written analyses of whether a particular device or activity infringes a patent. They are generally requested with respect to a particular patent, rather than a field of patents as a whole. These opinions require a great deal of work and consideration, are comprehensive
- [Copyright Law](https://galvanilegal.com/copyright-law/) - As a trusted copyright attorney in Phoenix, Arizona, Tom Galvani is committed to assisting artists, authors & businesses in safeguarding their creative works.
- [Internet Law](https://galvanilegal.com/internet-law/) - Tom Galvani is a reliable internet law attorney in Phoenix, Arizona providing internet law services to clients locally and nationally.
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- [Knockout Searches](https://galvanilegal.com/knockout-searches/) - Knockout Searches Knockout searches are an important due diligence tool to help you quickly evaluate the level of risk in filing a trademark application. Obtaining a trademark application is not a fast or inexpensive process. It almost always requires at least 6 months of protracted work, if not 12, and usually costs at least $1,000 or
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- [How to Patent your Invention](https://galvanilegal.com/how-to-patent-your-invention/) - How to Patent your Invention To find out how to patent your invention with a patent or if you want more information about the patent process, please enter your name and email below. You will be signed up for patent attorney Tom Galvani’s newsletter, and a video describing the process will be sent to you.
- [Industries](https://galvanilegal.com/industries/) - Industries We provide patent, trademark, Internet, and corporate legal counseling across a range of sectors.Galvani Legal attorneys have legal experience in the following industries and areas: AerospaceAestheticsAquaticsBatteriesBlockchain technologiesBooks and publishingCannabisChemical processesClothing and apparelComputer and mobile app softwareComputer hardwareConsumer goodsCosmetics and beauty products and devicesCryonicsData analyticsDental and orthodontic devicesDomain namesDrug delivery systemsEducationElectronics and semiconductor materialsElectrostaticsEnergy and
- [Entity Formation and Corporate Services](https://galvanilegal.com/entity-formation-and-corporate-services/) - Entity Formation and Corporate Services Corporate entity formation is often a necessary step to help protect the intellectual property you have developed.Correct corporate can be especially important when there are multiple owners or inventors involved; having the proper entity structure, bylaws, and rules increases operating efficiency, minimizes liability, and reduces the risks and effects of
- [Web-Scraping and Data Mining Counseling](https://galvanilegal.com/web-scraping-and-data-mining-counseling/) - Web-Scraping and Data Mining Counseling Web-scraping is the automated process of obtaining information from a website, computer, or server, culling through it to find relevant information, and copying that information while dumping the rest. It is a method that is used by thousands of companies with bots that crawl websites looking for all types of
- [Digital Millennium Copyright Act Counseling](https://galvanilegal.com/digital-millennium-copyright-act-counseling/) - Digital Millennium Copyright Act Counseling The Digital Millennium Copyright Act, or DMCA, was a massive piece of legislation that added and updated the copyright laws for the computer age. It includes numerous provisions, such as ones creating liability for circumventing technological protective measures to copyrighted works, like breaking CAPTCHA codes or cracking RSA keys to access
- [Domain Name Disputes](https://galvanilegal.com/domain-name-disputes/) - Domain Name Disputes Domain name disputes arise when a website’s domain name potentially infringes someone’s intellectual property rights. This happens most often when a trademark appears in a URL without authorization. One type of proceeding under the Uniform Domain Name Dispute Resolution Policy can resolve such disputes. Attorney Tom Galvani represents both trademark owners and
- [Trademark Maintenance](https://galvanilegal.com/trademark-maintenance/) - Trademark Maintenance Trademark Management – Maintenance of a Trademark RegistrationTrademark registrations can survive indefinitely, as long as they are maintained. An owner of a trademark registration must periodically file paperwork with the Trademark Office to ensure that the registration is not canceled. Over the life of the trademark registration, the owner – or trademark registrant
- [International Trademark Registration](https://galvanilegal.com/international-trademark-registration/) - International Trademark Registration International Trademark Protection – Madrid Protocol and Direct FilingInternational trademark protection is different than US protection. Trademark registration can extend beyond the US. Protection is territorial – a US trademark registration provides no protection beyond the borders of the US. As a result, companies often seek to register their trademarks in countries where their
- [Trademark Opposition](https://galvanilegal.com/trademark-opposition/) - Trademark Opposition A trademark opposition is a procedure that occurs infrequently but can have a profound effect on a trademark registration application. Near the end of the registration process for a trademark application, the USPTO publishes the application for the public to view for 30 days. If a member of the public believes that
- [Trademark Application Prosecution](https://galvanilegal.com/trademark-application-prosecution/) - Trademark Application Prosecution Trademark application prosecution begins after a trademark has been filed. Prosecution is the search and examination of a trademark application. All applications must be reviewed before approval.Trademark Application Prosecution StepsAfter a trademark application is filed, the United States Patent and Trademark Office assigns the application to a trademark examiner. A trademark examiner is an
- [Trademark Application Preparation](https://galvanilegal.com/trademark-application-preparation/) - Trademark Application Preparation A trademark registration gives a trademark owner the right to use the ® symbol on its mark whenever the mark is used in accordance with the registration. The ® symbol carries a number of benefits: it creates a presumption that you have senior or superior rights to the mark over anyone else
- [Trademark Searches](https://galvanilegal.com/trademark-searches/) - Trademark Searches A trademark search is a search performed before you file a trademark registration application that looks for marks which are similar to the mark you seek to register.A trademark search is almost always a recommended step, but it is not required.When you file a trademark application, one of the first things the United States Patent
- [Non-Disclosure Agreements](https://galvanilegal.com/non-disclosure-agreements/) - Non-Disclosure Agreements Non-Disclosure Agreements are agreements used between parties to secure the confidentiality of information exchanged between the parties. They are also known as confidentiality agreements or NDAs.NDAs provide several important functions. Inventors frequently use NDAs to protect their inventions before a patent application, but they can be used by non-inventors and entrepreneurs as well. A
- [Patent Assignments](https://galvanilegal.com/patent-assignments/) - Patent Assignments Patent assignments are conveyances of the rights in a patent or patent application. A patent assignment recognizes a buyer and seller of the patent rights and identifies what is provided in exchange for the rights. The patent assignment often states whether future patent rights are affected by the assignment, as well, such as
- [Patent Portfolio Management](https://galvanilegal.com/patent-portfolio-management/) - Patent Portfolio Management The firm offers comprehensive patent portfolio management services. Because of the level of detail and attention this requires, the firm can only offer this service to a few corporate clients at a time. Please contact Tom at the phone number at the top of the page to consult with him on whether the firm
- [Patent Prosecution](https://galvanilegal.com/patent-prosecution/) - Patent Prosecution Patent prosecution is the processing of a patent application through the United States Patent and Trademark Office. The term encompasses all of the back-and-forth communications, letters, interviews, and actions between the USPTO and the applicant, generally via a patent attorney.Patent prosecution begins after a patent application is filed. A USPTO examiner is assigned to the
- [Design Patents](https://galvanilegal.com/design-patents/) - Design Patents Design patents protect the ornamental features of a functional invention. They cover the way an invention looks and appears. For instance, a design patent could protect the housing of a computer if that computer had a distinct appearance. Or a design patent may cover the shape of a unique TV remote control. Or
- [Patent Search](https://galvanilegal.com/patent-search/) - Patent Search A patent search is the most effective way to determine whether your idea is patentable before you file a patent application.What is a Patent Search?A patent search is a tool for determining the likelihood of obtaining a patent on an idea. A search looks for issued patents, patent application publications, and other published
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