Category: Intellectual Property

In 1994, Congress amended the U.S. Patent Laws to create a new type of patent filing called a provisional patent application, and with this came a good deal of confusion – even to this day.

Patents are an extremely useful and valuable tool to support business development, new product introduction, and competitive positioning in the market. However, as with any of the tools that are carried, they need to be cared for and handled properly. One of the associated tasks of managing a portfolio of patents is to ensure that […]

Protection of trademark rights in the United States is only given to those products and services that are considered legal at the federal or state level. While individual states are allowing broader protection of cannabis and cannabidiol (CBD) products, protection at the federal level remains limited. The 2018 Farm Bill allowed for some goods containing […]

Artificial intelligence (AI) has become an increasingly important tool for businesses in recent years. In fact, a 2023 OnePoll study notes that 64% of U.S. business owners anticipate that AI will improve customer relationships and increase productivity, and 60% expect AI to drive sales growth. Companies are now using AI to automate tasks, analyze data, […]

A company’s brand encompasses both tangible and intangible elements that represent how a company is perceived by its customers. It is how it sets itself apart from its competitors. Effective branding can result in strong customer recognition of a company’s trademark. However, from time-to-time companies may decide to change their “brand identity” for strategic marketing […]

In short, yes, and there are many different ways in which cannabis and cannabis-related inventions may be protected. The U.S. government has authority to grant patents under the Patent and Copyright clause of the U.S. Constitution (U.S. Const. Art. 1, § 8, cl. 8).  By comparison, the U.S. government has authority to grant trademark registrations […]

With some exceptions, every public venue that plays popular music for its customers – concert venue, bar, restaurant, shopping mall or health club – needs to enter into a blanket license agreement with ASCAP, BMI and SESAC, the performing rights organizations (PROs) that pay public performance royalties to songwriters and publishers. Occasionally a club will […]

The photo of Prince on the left above was taken by Lynn Goldsmith in 1981. Andy Warhol used this photo to create an unauthorized series of silkscreens – the “Prince Series” – which appears to the right of Goldsmith’s photo. Goldsmith is a well-known rock-and-roll celebrity photographer. When Warhol passed away in 1987, the Prince […]

If you own or manage a website you may be familiar with the process of “photo embedding” or “inline linking” an image or video on your site. Rather than hosting the image file on your own server you retrieve the image from another Internet site and embed the content as part of your webpage’s overall […]

The Challenge A significant challenge faced by many early-stage companies that are interested in filing provisional patent applications, is that a provisional patent application must be filed prior to any public disclosure of the invention (to preserve foreign rights). This means no disclosure prior to any revenue on any product or service of the invention. […]

The scope of copyright law is vast – it protects traditional art forms such as books, music, photos and paintings, but also covers more exotic forms of expression, such as computer software, choreography, literary and movie characters (Batman, James Bond) and even useful objects (product and clothing designs). However, it often can be difficult to […]

We find that clients are often aware of how to use patents, trademarks and copyrights to protect their intellectual property. However, they seem less confident about how to utilize trade secret law and how it might benefit them. Trade secrets can be a powerful tool and this form of IP protection should always be considered as part of a company’s “IP arsenal.”

In 2013, the United States converted from a “first to invent” patent system to a “first to file” patent system. Under the “first to file” system, if two inventors filed separate patent applications on the same invention, the inventor who filed first would receive the patent. This is true even if the inventor who filed later was first to conceive the invention. Although the “first-to-file” system seems to encourage a “file early, file often” approach, there are a number of factors to consider when deciding when to file a patent application in the U.S. and elsewhere.

Intellectual property is an intangible asset, or a collection of intangible assets, created through the ingenuity of people in the form of their brands, innovations, original works of authorship, and confidential information. Intellectual property may serve as the foundation of many businesses and ventures. Thus, it is very important to protect your intellectual property as your business develops and grows.