In today’s global economy, it is important for inventors to consider obtaining international patent protection to prevent others from making, using, and selling their invention in multiple countries. However, a patent application typically needs to be filed in each country where protection is desired, which becomes very costly very quickly.…

Have you ever found your copyrighted material online without your authorization?

Service providers, like website hosts, can be held liable for infringing material posted by users of their services under theories of direct and indirect infringement. However, the Digital Millennium Copyright Act (DMCA) affords service providers a safe harbor if…

All states have laws that prohibit unfair and deceptive practices in consumer transactions. While the scope of protection these laws afford consumers vary from state to state, the laws all seek to provide fair treatment of consumers in the marketplace by prohibiting conduct that is likely to mislead a reasonable…

Have you ever seen printed or embossed patent numbers listed on products or product packaging?

In the United States, patent marking is the act of placing a notice on a product, packaging, or associated documentation to indicate that the product is protected by an issued patent. The notice typically includes…

Protections over copyrighted works, especially those related to images and characters, can live on through derivative works and trademarks even after the original work’s copyright has expired. Therefore, producers of creative works should prepare for the expiration of their own works and take caution when borrowing from works already in…

Although cannabis is federally illegal under the Controlled Substances Act (CSA), the USPTO is still issuing cannabis-related patents. Unlike trademarks, patents do not require use in commerce. Therefore, by granting these cannabis-related patents, the USPTO is not impliedly permitting or authorizing federal sales of cannabis-related products.

Many states have legalized…

When employing individuals or doing business with third-party contractors who will be contributing to new technology or creative works, it is crucial to pay attention to Intellectual Property (IP) ownership language in your agreements and in particular employment or service agreements.

Employment and Contractor Agreements

In the United States, patent…

Sound marks are a special form of trademark that can be a valuable asset for any company seeking to distinguish its brand from the competition. But what is a valid sound mark? What isn’t? Sound marks must meet the requirements of any other trademark. Specifically, the sound must be used…

Non-Fungible Tokens (NFTs) are unique non-interchangeable units of data (i.e., “tokens”) minted through a digital ledger (e.g., blockchain) to validate ownership and authenticity of a digital asset. In simpler terms, NFTs can be thought of as an original artist’s signature on the back of a painting but in digital form…

In the United States, patents provide the patent owner a limited period of exclusivity on the patented subject matter defined by the allowed claims. The patent owner enjoys the right to exclude others from practicing or manufacturing the patented invention or to license the patent itself. Patent owners may wish…