USPTO Director Michelle K. Lee discussed proposed rule changes in herblog post for Wednesday, August 19. The first set of rules governing inter partes review, post-grant review, and covered business method patent proceedings was issued in 2012 and a number public comment sessions were held to gather feedback on these rules. In March of 2015, […]
Continue Reading →The USPTO is now offering a Patent Application Alert Service (PAAS) that allows subscribers to stay current with patent application pre-grant publications that may be relevant or of interest. A subscriber will receive a weekly email alert that is customizable to a search criteria set by the subscriber. Each email will also contain direct links […]
Continue Reading →The Iowa Biotechnology Association–the state affiliate organization of the Biotechnology Industry Organization (BIO)–was founded in 1994 to unify Iowa’s bioscience industry, academic research institutions and economic development organizations. BIO is a national organization representing more than 1,000 biotech companies, academic institutions, state biotech centers and related organizations in all 50 U.S. states and 33 other […]
Continue Reading →Patent law is within the exclusive jurisdiction of the federal government. In the past several years, however, a number of states have proposed or passed legislation aimed at combatting so-called “patent troll”behavior. Although patent lawsuits are tried in federal—not state—court, these state legislative efforts generally attempt to combat perceived patent-troll behavior by creating a separate cause of […]
Continue Reading →Current tax laws do not permit deductions or other preferential tax treatment for income derived from intellectual property. This may change based on proposed tax reforms. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act. […]
Continue Reading →The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which […]
Continue Reading →Currently tax law does not permit deductions or other preferential tax rules for income derived from intellectual property. Proposed tax reforms consider changing this. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act that would, in […]
Continue Reading →Legal Issues in the Music Industry: Music in Film & TV This is the first blog of many that will focus on the diverse legal issues that affect musicians, artists, songwriters, and other music industry related entities. I routinely get asked the same questions over and over again which I will attempt to break down […]
Continue Reading →Biotechnological innovation is potentially subject to a variety of governmental regulations. For example, therapeutics for disease treatment or prevention in humans are subject to review and approval by the Food and Drug Administration (FDA). Innovations relating to crops or livestock may be subject to the Department of Agriculture (USDA). However, the regulations promulgated by these governmental agencies are […]
Continue Reading →Patent eligibility under 35 U.S.C. § 101 has been an area of significant change in recent years. Several Supreme Court decisions have changed our understanding of what does and does not qualify for patent protection. These decisions, in turn, have required a change in the procedures implemented by the USPTO during the examination of patents. […]
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