Robert J. Sayfie Intellectual Property Law Blog

What is the America Invents Act?

The America
Invents Act was signed into law on 16 September 2011, however many of the key
provisions do not become effective until 16 March 2013.

For example, for
patent applications filed on or after 16 March 2013, he law will switch U.S.
right to the patent from the present "first-to-invent"
system to... Read More

Yes.  Patentability, including certain deadlines, is primarily governed by the statute of 35 United States Code, section 102. 

This statute, at subsection (b), states that an inventor can not file a patent application if:

"...(b) the invention was patented or described in a printed publication in this or a foreign country or in public use... Read More

The benefits of federal trademark registration are:

1. Constructive notice nationwide of the trademark owner's claim;

2. Evidence of ownership of the trademark;

3. Jurisdiction of federal courts may be invoked;

4. Registration can be used as a basis for obtaining registration in foreign countries; and

5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Visit Read More

Prior art is described at 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.  The statute recites:

A person shall be entitled to a patent unless -
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant... Read More

Answer: (1) sue them in Federal Court; or (2) File a complaint with the United States International Trade Commission (USITC).

A patent provides the patentee the right to prevent others from (1) making, (2) using, (3) selling, (4) offering for sale, or (5) importing the claimed invention.

Depending on circumstances, it may be more beneficial for a U.S. patentee to file a Read More

The recent United States Supreme Court decision in Bilski v. Kappos answers this question.  From that decision, the United States Patent and Trademark Office issued a guide for patent examiners.  The Read More

On Monday, 28 June 2010, the United States Supreme Court decided a case regarding the patentability of business method patents.  The case can be found at Bilski et al. v Kappos, 08-964.

The Court affirmed the Court of Appeals for the Federal Circuits rejection of a patent application regarding business method patents.

Claim 1 of the patent application recites,

"(a)... Read More

Answer:  It depends what is specifically recited in the agreement.  If the transferee (receiver of the rights) wants all commercial rights, the agreement should specify that the transferor is transferring or selling or assigning "all commercial rights" not only "trademark rights."  The case of JA Apparel v Abboud, 2010 WL 103399 (S.D.N.Y., Jan. 12, 2010), the plaintiff, JA Apparel sued Defendant Abboud because in 2007 Abboud was... Read More