Intellectual Property, Patent and Trademark
By MARINA CUNNINGHAM and SCOTT LYDON
With the rise in popularity of wireless routers and networks, some Internet subscribers may unwittingly be exposing themselves to the threat of litigation when a third party illegally downloads copyrighted material on the subscriber's unsecured network.
By WILLIAM A. SIMONS
Additive Manufacturing (AM) is a new production technology that is transforming the way all sorts of things are made. President Barack Obama, in his 2013 State of the Union Address, talked about 3-D Printing, one AM process, as having the potential to revolutionize the way we make everything. With the rise of AM comes a multitude of new legal issues, particularly in the intellectual property area.
By STACY RAPHAEL STEWART
A Letter of Protest is an informal tool that allows third parties an opportunity to submit evidence to the Office of the Deputy Commissioner of the U.S. Patent and Trademark Office regarding the registrability of a trademark or service mark (hereinafter collectively "trademark"). The Letter of Protest is a succinct recitation of the facts with supporting evidence citing the basis upon which a trademark should not be registered. Appropriate bases of protest include genericness, descriptiveness, likelihood of confusion with a federally registered trademark or prior-pending application therefor, and the suspension of prosecution of a trademark because of a pending claim of infringement based on the use of the applied-for trademark.
By TODD E. GARABEDIAN
Under U.S. law, inventors may obtain a patent for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof[.]" Since the Supreme Court's 1980 decision in Diamond v. Chakrabarty (447 U.S. 303), the U.S. Patent and Trademark Office (USPTO) has expanded the types of patentable subject matter to include biological materials such as nucleic acids and proteins, as well as methods of using these materials.