Understanding the Differences and Legal Implications Very few people outside of the copyright legal community understand the difference between a work’s copyright date and its publication date. It is an important distinction with significant legal implications under U.S. copyright law. In simple terms, a copyright date usually refers to the year the copyrights in the […]

A Guide for Business Owners Patent marking is the practice of labeling products with patent information, typically the word “Patent” or “Pat.” followed by a patent number, to notify the public that the product is protected by an issued patent. For business owners new to patent law, understanding patent marking is crucial. Proper marking serves […]

An Explanation of Dilution and its Relevance When most business owners think of trademark disputes, they think of trademark infringement, which is the result of a similar trademark being used on similar goods or services. However, under U.S. trademark law, well-known brands are also protected against "trademark dilution". Famous marks cannot be used in connection […]

Understanding Patent Office Actions and Response Strategies If you have filed a patent application with the United States Patent and Trademark Office (USPTO), you may soon encounter a patent office action. For business owners and attorneys unfamiliar with the patent process, understanding what an office action is and how to respond to it can make […]

How to Remove Invalid Trademark Registrations Through Cancellation Actions When a competitor registers a trademark that interferes with your brand or violates your rights, the U.S. Patent and Trademark Office (USPTO) provides a mechanism to challenge it: the petition to cancel. A cancellation proceeding is a process administered by the Trademark Trial and Appeal Board […]

Advantages of the Patent Prosecution Highway for International Patent Portfolios The Patent Prosecution Highway (PPH) is an international initiative that enables accelerated examination of patent applications through cooperation among participating patent offices. For business owners and attorneys seeking faster intellectual property protection, the PPH is useful tool for streamlining the patent prosecution process. What Is […]

When is an ITU Application Appropriate and Useful? An "intent to use" (ITU) trademark application can be a valuable first step in the trademark registration process. A business can secure priority in a brand name, logo, or slogan (the trademark) before the business establishes any sales under the trademark. An intent to use application allows […]

Determining What Patent Claims Mean in Litigation. A Markman hearing, also called a claim construction hearing, is a pivotal proceeding in U.S. federal patent litigation where a judge (not a jury) determines the meaning of disputed claim terms in a patent. This interpretation shapes the scope of a patent holder’s rights and often decides the […]

An Explanation of the Legal Services and Value of Trademark Attorneys When launching or growing a business, one of the most critical assets you can develop is your brand identity. Your brand distinguishes your products or services from competitors and creates lasting recognition in the minds of consumers. At the core of brand protection lies […]

FTO Searches and Analyses Determine Whether You Can Pursue a New Product, Service, or Technology When launching a new product, service, or technology, you want to know whether you can do so without infringing third party intellectual property. To make this determination, it is often necessary to conduct a Freedom to Operate (FTO) search and […]