USPTO Updates 101 Guidance: Making Abstract More Concrete
January 08, 2019
Post by Oliver P. Couture, Ph.D.
Recently the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on 101 issues and will do so after a period of public input in order to increase clarity during prosecution. This update will replace, not just update, several sections of MPEP 2106. The update will also provide practitioners a more solid ground to argue 101 issues during prosecution. The first s.......
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Has Alice Killed all the Fun?
January 07, 2019
Post by Oliver P. Couture, Ph.D.
Games, both the physical board and the methods of playing them, have had a long history of patent eligibility. For example, in 1904 Elizabeth Phillips patented the game board for Landlord’s Game, which was then later controversially patented by Charles Darrow in 1934 as Monopoly. While both of these patents were to the physical boards with their distinctive spaces, in 1994 Richard Garfield patented a met.......
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“Hottest Fashion Brand in the World” Sues Children’s Clothing Company for Trademark Infringement
January 02, 2019
Post by Nicholas J. Krob
In December 2018, high-end streetwear fashion label Off-White filed a lawsuit in the Southern District of New York against children’s clothing company Brooklyn Lighthouse, claiming the Brooklyn company infringed upon Off-White’s trademarks and trade dress. Off-White’s products typically retail between $150 and $2,500 and feature “distinctive graphic and logo-heavy apparel designs.”  Such graphics includ.......
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Protecting Your Nanotechnology Inventions - Part 4: Don’t Forget About Trade Secret Protection
December 31, 2018
Post by Jonathan L. Kennedy
When you have a new invention, the right question to ask at the outset is whether you want to consider patenting it. This is important because many common activities in research and commercialization can create a bar to patent protection or at least start a one-year clock by which a patent must be filed. Some of these common activities include presenting or publishing on the technology, testing the techn.......
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Can Competitors Use Your Trademarks in their Webpages or as AdWords to Drive Business to their Webpages?
December 28, 2018
Post by Mark D. Hansing
Mark D. Hansing The article below discusses state of the law regarding competitors using your trademarks in their advertising or web pages, or competitors purchasing your trademarks as what are called “AdWords” or "keywords" so that your competitor’s website comes up higher in a search engine search when people use your trademarks as search terms. The Problem Many of our clients are rightfully concerned a.......
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Light at the End of the Tunnel? Expanding Concepts of What is Patentable Subject Matter
December 26, 2018
Post by Patricia A. Sweeney - Of Counsel
Justice Warren Burger in the seminal case of Diamond v. Chakrabarty found that Congress had intended patentable subject matter to “include anything under the sun that is made by man,” holding that an engineered bacterium used in treating oil spills was patentable. Diamond v. Chakrabarty, 447 US 303 (1980). Yet interpretation of subsequent decisions on what is patentable by the US Patent Office has been c.......
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The Rollercoaster Ride of Gene Therapy
December 21, 2018
Post by Oliver P. Couture, Ph.D.
Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene therapy has been the targeting of the molecular machinery to where it is needed .......
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2018 Farm Act has important IP Implications
December 14, 2018
Post by Heidi S. Nebel
At long last, the 2018 Farm bill has been approved by Congress and forwarded to the President for signature. As I blogged earlier, the bill has important Intellectual Property Implications. The first is that it adds PVP protection for asexually reproduced plants. The  addition will allow asexually reproduced plants, which are now protectable under the US Plant Patent statute 35 U.S.C. Section 161, (.......
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Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Brandon W. Clark
Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, compensation, or credit........
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The European Patent Office Board holds a rule can no longer be used to Reject Plant and Animal Breeding Inventions
December 06, 2018
Post by Patricia A. Sweeney - Of Counsel
The European Technical board of Appeal during an oral hearing December 5th decided a rule that had been used to reject plant and animal breeding claims is in conflict with a European Patent Convention (EPC) Article, with the result of reversing the impact of the rule in preventing patenting of such claims. With this decision, it is now possible to patent a product of the biological process of breedi.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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