By Stephen P. Scuderi This article will present an overview of some of the issues pertaining to the disposition of patent rights to inventions made under a government R&D contract. As will be seen, without careful adherence to the statutes and regulations governing such patent rights, it is possible for a contractor to unintentionally lose…
By Kristian Ziegler As more than half of the states in the U.S. have recently decriminalized cannabis/marijuana to some extent, the domestic cannabis business has been growing rapidly. As of the date of this publication, marijuana is legal for medical use in 33 states and the District of Columbia, and for recreational use in 11…
Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all foreign-domiciled applicants, registrants and parties to be represented by a U.S.-licensed attorney in USPTO trademark proceedings. Who does the new rule affect? This rule applies to all foreign-domiciled applicants, registrants and parties. This means that an individual with a permanent…
By Alexsandar Nikolic On June 24, the Supreme Court of the United States (SCOTUS) provided its long-awaited decision in Iancu v. Brunetti, 588 U.S. ___ (2019) by invalidating the Lanham Act’s prohibition on immoral or scandalous trademarks. In short, the Court held that the provision is unconstitutional because it conflicts with the First Amendment. Before…
By Wayne F. Reinke It has been about nine months since my last patentable subject matter (aka “Alice”) update, tracking cases and other important information in the wake of the Alice Supreme Court decision. Things continue to improve at the Court of Appeals for the Federal Circuit and with examination at the U.S. Patent and…
By Thomas L. Sica Inherent within American contract law is the freedom to contract — i.e., the ability to negotiate and agree to any terms that the parties see fit for any given contract. Contract terms will only be deemed void under special circumstances, such as unconscionability, unenforceability or, in some cases, due to statutory…
By Alexsandar Nikolic On Jan. 22, 2019, the Supreme Court provided its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.[1] Despite receiving little publicity outside the patent world, it nonetheless has implications for small businesses. The decision provided clarification to the statutory changes made by the America Invents Act (AIA) to the novelty…
By Stephen P. Scuderi On January 7, the USPTO published its new “2019 Revised Patent Subject Matter Eligibility Guidance” (the 2019 PEG), which became “effective” on that same day. However, the 2019 PEG “applies to all applications, and to all patents resulting from applications, filed before, on or after January 7, 2019.” Therefore, the 2019…
By Annette I. Kahler Signed into law on October 11, 2018, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) reforms U.S. Copyright law in significant ways that will affect the licensing of digital music. Pursuant to pre-MMA copyright law, “mechanical” licenses for reproduction and distribution of musical works in phonorecords were obtained by licensees…
Heslin Rothenberg Farley & Mesiti (HRFM) has earned its place as one of the Top 10 Firms with the Best Allowance Rate by Juristat. With an 86.82 Alice Allowance Rate over a 3-year time period, HRFM has one of the 10 highest percentages of applications with one or more Alice rejections that were eventually allowed…