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…
On November 14th 2017 the United States Patent and Trademark Office (USPTO) released a revised patent fee schedule. Please see the Press Release Here: WASHINGTON – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or…
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…
HESLIN ROTHENBERG FARLEY & MESITI P.C. ANNOUNCES ITS GOLD LEVEL SPONSORSHIP OF WOMEN IN IP GLOBAL SUMMIT IN WASHINGTON, D.C. Albany, NY: Heslin Rothenberg Farley & Mesiti P.C. (HRFM), an intellectual property (IP) law firm based in Albany and Rochester, New York, is pleased to announce its Gold Level sponsorship of The ChIPs Women in…
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,…
HESLIN ROTHENBERG FARLEY & MESITI P.C. ATTORNEYS NAMED TO SUPER LAWYERS Albany, NY: Heslin Rothenberg Farley & Mesiti P.C., an Intellectual Property law firm based in Albany and Rochester, New York, is pleased to announce seven Attorneys have been named as “Upstate New York 2017 Super Lawyers” by the publishers of Thomson Reuters. Partners…
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…