They say AI’s the future, but IP questions are surfacing now

Computer-implemented inventions (CII), artificial intelligence (AI), machine learning (ML) are all elements of modern creative endeavor. While many talk about these tools and the possibilities they represent for the future, those who work in intellectual property law know that they are playing important roles in the world now, speeding up the pace of technological advancements. […]

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Can copyrights be retroactive?

In some situations, the phrase “Better late than never” is appropriate. Registering a piece of intellectual property is not one of them. While it might seem rational to be make the claim that a photograph, once taken, is a static piece of artistic expression. As such, it would seem logical to argue that any use […]

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Can the inventor of a patented item later challenge the patent?

The idea of a scenario as presented in the blog title might seem silly, but the reality is that, based on legal decisions made by the Patent Trial and Appeal Board and more recently by the U.S. Court of Appeals for the Federal Circuit, it could happen. In fact, it has, specifically in the context […]

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Effective trademark defense can require diplomacy

It is easy to have a “That’s mine” attitude when it comes to intellectual property. The value inherent in a given piece of IP is often intangible and one of the few ways of making it tangible is by making sure the rights you secured from the U.S. Patent and Trademark Office are strongly protected. […]

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US implications of new European software patent guidelines

As of the beginning of November, regulators in Europe have new guidelines for how they assess and grant requests for patents. These updates by the European Patent Office have come to be expected annually. Analysts report that the greatest changes this time around deal with computer-implemented inventions (CII) – effectively, computer software. According to more […]

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2018 Nobel economy prize highlights value of patents

Is inventiveness simply the result of clever thinkers who get notions and run with them, or is it something more? While the former is clearly valuable in furthering innovation, many observers offer that the latest Nobel Prize for Economics reflects a view that we believe to be equally important. That the most valuable innovations follow from solid […]

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The latticed IP infrastructure that supports daily technology

Do you remember the VHS-Betamax war? This was the epic struggle between home video recording technologies. By most standards, Sony’s Betamax format was considered the best. In the end, however, VHS (Video Home System) claimed the field. Key in the fight was the fact that the formats were device-exclusive. Betamax tapes didn’t run on VHS […]

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Can you put a patent on love?

The patent litigation between dating app sites Tinder and Bumble has raised the stakes in digital patent protection. Tinder’s parent company, Match, filed suit against Bumble over the concept of swiping left or right. Match claims Bumble infringed on Tinder’s intellectual property by using the concept of swiping on its dating app. Bumble claims the concept of […]

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The right way to protect a copyright under the DMCA

In one of our recent posts, we outlined the four situations under which online service providers can avoid monetary liability if some user infringes on another’s copyrighted material. Among these so-called safe harbor provisions of the Digital Millennium Copyright Act (DMCA) is the takedown. If the provider swiftly acts to remove infringing material after being notified, that […]

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