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 →
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 →
Recently, I noted the PTO’s war on functional language. Basically, the PTO has slowly increased the language that will be presumed to be covered by 35 USC 112(6). Now, an… read more →
Copyright is a form of protection provided to the authors of “original works of authorship.” A work can be, for example, a literary work; a pictorial, graphic, and sculptural works;… read more →