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UNDERSTANDING PATENTS, TRADEMARKS AND COPYRIGHTS

A patent for an invention is the grant of a property right to the inventor that is issued by the United States Patent and Trademark Office (“USPTO”) Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the...

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THE PTAB’S PRACTICE OF DENYING MOTIONS TO AMEND

The PTAB consistently espouses its position that it cannot complete proceedings within the 1 year time frame proscribed in 35 U.S. Code § 316 (“The Code”) if applicants were given full opportunity to amend their claims. While it is accurate that, according to the...

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SORRY FIDO—NO GUMMY BITES FOR YOU

Case identification: In re Green Bark Gummies, Inc., Serial No. 86283461 (April 8, 2016) [not precedential]. Green Bark Gummies, Inc. (“Applicant”) appealed from the final refusal of the Trademark Examining Attorney to register GUMMY BITES in standard characters for...

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THE PTAB DECLINES TO WAIT FOR THE US SUPREME COURT

In our April newsletter we discussed In re: Cuozzo Speed Technologies. There is a lot of uncertainty concerning the proper claim interpretation to use in post-grant trials. It is now up to the Supreme Court (“the Court”) to decide whether the PTAB is impermissibly...

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DON’T ABANDON YOU IDEA—PATENT IT!

DON’T ABANDON YOU IDEA—PATENT IT! Connors & Associates understands both your passion and frustrations. You worked long and countless hours inventing a product that you believe has the potential for commercial success. Unfortunately, the constant bombardment of...

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A LESSON FROM IKEA—USE YOUR TRADEMARK OR LOSE IT!

We all know Ikea. It is a Swedish based retailer of sleek modern designed Scandinavian style furniture, accessories, storage options, lighting, decor products, kitchen appliance and more. Ikea registered its trademark in Indonesia in 2010. But Ikea received a big...

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THE FEDERAL CIRCUIT CONFIRMS LIMITED PATENT AGENT PRIVILEGE

In March, 2016, the Federal Circuit addressed the issue of whether a district court could compel the production of communications by and between Queen’s University and its non attorney patent agents. Petitioners Queen’s University at Kingston and PARTEQ (together,...

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Can Small Businesses Avoid Patent Trolls?

With patent litigation pending in Congress, it is not immediately clear how effective new rules will be for deterring patent trolls and bogus lawsuits. But businesses can nevertheless be on guard to protect against spurious litigation by employing several common sense...

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