By Wayne F. Reinke 35 U.S.C. §101 states that: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” In the first part of the two-part test set out…
By Kristian E. Ziegler Last month, David Slater and the People for the Ethical Treatment of Animals (PETA) finally settled their two-year legal battle over the intellectual property rights of a rare Indonesian crested macaque monkey named Naruto, who took pictures of himself in the wild with Slater’s camera. The story began in 2011, when…
By Kristian E. Ziegler The St. Regis Mohawk Tribe, whose Akwesasne territory straddles the U.S.-Canadian border in Franklin County, New York, and the provincial boarder between Ontario and Quebec, recently parlayed its sovereign immunity into several valuable pharmaceutical patents and a significant revenue stream. Allergan PLC, a leading global pharmaceutical company headquartered in Dublin, Ireland,…
By Alana M. Fuierer and Shanna K. Sanders The surge of user-generated e-commerce and social media platforms has provided individuals, regardless of location, experience or financial status, the power to become a commercial artist, author, designer, musician or photographer. For emerging entrepreneurs, traditional barriers to entry have been removed by e-commerce websites such as Zazzle,…
By John W. Boger The second most frequent question I get from people (after “How much does it cost to get a patent?”) is, “I am going to talk to So-and-so; what should I do beforehand?” In response, I have come up with five easy rules to follow. The purpose of this article is to…
By Alana M. Fuierer Whether it’s a creative new accessory, trendy footwear, an elegant lamp, sleek coffee machine, or the appearance of a new phone, innovative design surrounds us. Given the significant time and money invested in innovative design, the potential economic and marketplace benefit, and the variety of laws available in the United States…
By Victor A. Cardona New patents (resulting from patent applications filed after 1995) are enforceable from the date they are granted by the US Patent Office PTO until 20 years from the date they were filed. Old patents were enforceable for 17 years from the date they were granted. So in short, new-based on filing…
By Matt Hulihan A common feeling shared by what I would venture to guess is most readers of this article is a special frustration with printer manufacturers. Specifically, it’s the negative feeling we experience when it comes time to replenish the ink or toner in our printer (after a suspiciously short amount of time –…
By Victor A. Cardona A copyright owner has the right to prevent others from making copies of his work. In certain situations one may make copies without the copyright owner’s permission. There are various situations in which such a “Fair Use” applies including in an educational context. The Patent Office requires that a patent applicant…
By Thomas L. Sica “Equity aids the vigilant, not those who slumber on their rights.” It is this legal maxim that is the driving force behind the equitable defense of laches. Laches is a defense that was developed by the courts of equity which would deny a plaintiff recovery from a lawsuit which was unreasonably…