By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
We know the holiday season is over but we just couldn’t help but pass this one along regarding a holiday T.V. classic. It was the night before Christmas and all through the house, not a creature was stirring because we were all intently watching the Warner Bros’ 1983 movie, A Christmas Story, on the television. […]
For websites that allow user generated content (UGC), the online service provider (OSP) and the copyright holder share responsibility for combating infringement. Part of that responsibility includes properly notifying each other with regard to alleged infringement. If a copyright owner or other party complaining of infringement fails to fully comply with the elements of notification […]
The Online Copyright Infringement Liability Limitation Act (OCILLA), passed in 1998 as Title II of the Digital Millennium Copyright Act (DMCA), preserves strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment. The DMCA notification procedures place the burden of […]
What is a company trademark? “A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.” – defined by dictionary.com. There are many different types of distinctive marks […]
In 1955, a 65 year old man wearing a white suit to match his white hair and goatee took $105 out his social security to start franchising his fried chicken recipe. Less than ten years later, he had 600 franchisee restaurants selling his famous Kentucky Fried Chicken. This man was the legendary Colonel Harland Sanders. […]
By: Mark R. Malek The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process. The next article tried to give some information about what constituted prior art. Now that we know what prior art is, let’s go over some good […]
By: Mark R. Malek In my last article, I noted that an inventor has a duty to disclose prior art that they know of when filing a patent application. But what is prior art? The answer to this question is extraordinarily important in determining not only patentability of an invention, but also in determining whether or […]
