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Congress Considers a Patent Eligibility Overhaul

By Kirk M. Hartung

Some members of Congress have met at least twice to discuss the current difficulties and frustrations with patent eligibility under Section 101 of the patent statutes. While these meetings have been closed-door, attorneys and others representing businesses and industries, have attended. These meetings, in December of 2018 and February of 2019, have been initialed by […]

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Athena Diagnostics v. Mayo Collaborative Services Part 2, or: For the Benefit of Us All

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative reviewed how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part II below examines the dissent from Judge Newman and how it aligns with both precedent and […]

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Big Mac Blunder: McDonald’s Loses European Trademark Rights for Famous Burger

By Nicholas J. Krob

Last month, the European Union Intellectual Property Office (EUIPO) issued a surprise decision revoking fast food giant, McDonald’s, “BIG MAC” EU trademark registration in its entirety. The decision was the latest development in an ongoing battle between McDonald’s and Irish fast food restaurant Supermac’s. McDonald’s trouble started in 2014 after they opposed Supermac’s trademark application […]

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Athena Diagnostics v. Mayo Collaborative Services Part 1, or: How I Learned to Stop Worrying and Love the Inconsistencies

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative will look at how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part 2 will look at the dissent from Judge Newman and how it fits better […]

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Protecting Creativity by Artificial Intelligence: Part 3

By Kirk M. Hartung

Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and AllTheClaims.com. Even software now exists that allows computers to […]

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Protecting Creativity by Artificial Intelligence: Part 2

By Kirk M. Hartung

U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the […]

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Additional Update on the Government Shutdown

By Gregory Lars Gunnerson

As you are most likely aware, the United States government was shutdown for a total of 35 days, the longest shutdown in US history. The shutdown led to 380,000 federal workers being furloughed, and an additional 420,000 workers were required to work without any known payment dates during this period, forcing many to find other […]

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Jury Orders Mongols Motorcycle Club to Forfeit Trademark

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The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s […]

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Supreme Court Rules: Sale of Invention can Prevent Patenting

Following passage of the America Invents Act, questions arose as to whether a secret sale by the inventor more than one year before patenting was prior art under section 102(a)(1) that would prohibit patenting of the invention. The language of the statute provides an invention cannot be patented if “in public use, on sale, or […]

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Protecting Creativity by Artificial Intelligence: Part 1

By Kirk M. Hartung

Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itself, rather […]

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