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Patent, Copyright and Trademark

Are Statutory Changes Coming to the Common Law Experimental Use Exception to Patent Infringement?

11/21/2024
By Todd Gerety The experimental use exception is a common law defense to patent infringement that was first articulated in Whittemore v. Cutter, 29 Fed. Cas. 1120 (C.C.D. Mass. 1813).  In …

Patent Marking

06/10/2024
By Art O’Dea 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 …

Patents ≠ Freedom to Operate

03/14/2023

Commercializing a product requires significant investments of time, resources, and effort.  One may attempt to recoup some of that investment by securing patents on inventive features of the product.  A …

Website Owners Cannot Stop Data Scraping

07/24/2022

Here are two examples: (1) Clearview AI has scraped billions of publicly available images from social media platforms and compiled them into a facial recognition database that it’s made available …

When Does My Patent Expire?

08/28/2024

Patents can be used to protect your innovations.  There are different types of patents that can be obtained through the U.S. Patent and Trademark Office (USPTO).  In particular, utility patents …

How Trademarks Protect Your Business

08/19/2021

A trademark can be any word, phrase, logo, or design that connects your business with its goods or services in the minds of consumers. This can include your business name, …

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