An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce. One of the requirements of a statement of use is… read more →
Many times a declaration cannot be executed prior to filing an application. If a substitute statement is not filed, a late submission of the declaration along with the appropriate fee… read more →
Kerry gave a lecture at AIK law firm in Tokyo on tips for drafting effective instructions to US counsel.
The USPTO announced that the AFCP 2.0 has been extended through September 30, 2016. The guidelines for the program can be found here.
The functional aspects of a computer program can be protected by patent law. The creative portion (expression of the idea but not the idea itself) can be protected by copyright… read more →
The litigation between Oracle and Google regarding Java has provided a wonderful opportunity to watch the legal intersection between patent and copyright law with regards to protection of computer programming.… read more →
In Oracle vs. Google, there was an interesting definition of Java. Generally, Java enable software developers to write programs that can be run on a variety of different types of… read more →
Commonly when writing patent applications, I find it difficult to define terms such as API, program or method. Therefore, I found the following discussion in a summary judgement order of… read more →
On July 30, the PTO recently released updated Alice guidelines based upon comments received in response to the previous guidelines (2014 IEG) of 2014. The new guidelines include helpful examples… read more →
Beginning from June 19, 2015, the PTO will begin a Patent Appeal Pilot program that will allow applicants to receive special status for an ex parte appeal if they withdraw… read more →