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Universities: Get One More Year on your PCT Patent Filing

Scientifically speaking, there is really very little time the point in time that work in a university laboratory is concrete enough to call “an invention” and capable of description in a patent application until the 30-month deadline to pursue rights in various countries around the world. What that means is that universities are constantly faced with a difficult decision. Do they undertake the expense of seeking patent protection in a variety of locations or do they forego the invention? This decision is particularly problematic for universities engaged in the life sciences where there is of necessity a very long time horizon from conception of the invention to even knowing whether there is a legitimate opportunity for commercialization.

FTC, DOJ to Hold Workshop on Patent Assertion Entity Activities

This workshop will examine the economic and legal implications of patent assertion entity (PAE) activity, as distinct from prototypical “non-practicing entity” (NPE) activity, such as developing and transferring technology. By contrast, PAE activities often include purchasing patents from existing owners and seeking to maximize revenues by licensing the intellectual property to (or litigating against) manufacturers who are already using the patented technology.

Health & Safety Risks from Counterfeits in the Supply Chain

The white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”

Mexico Joins the International Trademark System

Mexico’s Secretary of Economy Bruno Ferrari deposited his country’s instrument of accession to the Madrid Protocol for the International Registration of Marks with WIPO Director General Francis Gurry on November 19, 2012, bringing the total number of members of the international trademark system to 89. The treaty will enter into force with respect to Mexico on February 19, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.

The Real McCoy Part 3: How to Bridge America’s Innovation Gap

In a 1972 court decision, United States Supreme Court Justice Stewart wrote: “Property does not have rights. People have rights.” Accordingly, Blacks must be diligent in making sure that they are aware of their intellectual property rights, like any other civil right, and seek IP legal counsel to secure and enforce these rights for economic gain, the avoidance of economic exploitation and the creation of wealth in the new millennium and beyond. That will only be achieved with the help of those (of all races and other categories that divide us) who work within the IP community. Until then, in a society where innovation is the key to individual wealth and national economic prosperity and where IP attorneys who represent innovators should be the “next generation civil rights lawyer,” I (and many like me) will have failed to live up to my mother’s dream.

Startups Entrepreneurship: One Simple Idea is all it Takes

We pick up our conversation with where many inventors stumble as they attempt to move from idea person to small business person. We also discuss lessons learned from a Big Bang Theory episode, as well as the important of taking reasonable risks, protecting your innovations (Key is a fan of provisional patent applications to start) and the importance of knowing the market for your product.

International Patent Cooperation: Trilateral Conference and IP5

These IP5 Offices together handle approximately 80% of the world’s patent applications. The IP5 began meeting in 2007 and have since worked together to explore ways to further optimize their joint efforts to improve quality and efficiency of the examination process and to explore and optimize work sharing opportunities between the Offices.

Patent Litigation Settlement Roundup – Nov. 16, 2012

Acacia announced that the Company’s Board of Directors has authorized a program for repurchasing shares of the Company’s outstanding common stock. The stock repurchase program will be put into effect immediately. Under the stock repurchase program, the Company is authorized to purchase in the aggregate up to $100 million of its common stock through the period ending May 15, 2013. Meanwhile, HTC settles with Apple and more.

Senior Sony PlayStation Attorney Stephen Kong Joins Stradling Yocca

Prior to joining Stradling, Mr. Kong was Senior Corporate Counsel for Sony Computer Entertainment America LLC. While at Sony PlayStation, he was the lead attorney for the US R&D and Strategic Business Development Groups for the Sony entity responsible for Sony PlayStation matters in North and Latin America.

Social Media for Business 101

Whether you are just getting your feet wet in the wild world of inventions and patents, or you already have your business up and running, social media can help expand your business. Everywhere you look, there are Facebook “Like” buttons, LinkedIn “Share” buttons and Twitter “Tweet” buttons. Even Google has entered the social sharing game with Google+ allowing you to “+1” content. Social media can help catapult your business into overdrive – if you know how to use it effectively. Here are some tips to using social media to expand business.

Exclusive with Seth Waxman, Supreme Court Patent Superstar

All of these accomplishments would be more than enough to fill out a lifetime spent in the law, but upon leaving the Department of Justice, Waxman has become nationally recognized and highly sought after as one of the preeminent appellate attorneys in America. He has also developed a particular niche in the area of patent law and litigation. Simply stated, if you have a patent case before the Supreme Court and you want to win, Waxman will be on your short list of attorneys to call. In fact, he should be right at the top.

Artists Oppose Internet Radio Fairness Act Pushed by Pandora

The stars, who included Alabama, Sheryl Crow, CeeLo Green, Billy Joel, Maroon 5, KISS, Ne-Yo, Katy Perry, Pink Floyd, Megadeath and many others, praised Pandora, saying: “We are big fans.”  But with massive growth in revenues and a successful IPO under its belt, the artists are wondering why Pandora is pushing Congress to slash musicians’ pay.  “That’s not fair and that’s not how partners work together,” the open letter explains. The Internet Radio Fairness Act Pandora is promoting would get them out of their 5 year old negotiated deal. Doesn’t Congress have more pressing matters?

Fake News Sites Settle FTC Charges of Deceptive Advertising

The Clickbooth affiliate network has agreed to pay $2 million to settle Federal Trade Commission charges that its affiliate marketers deceived consumers through bogus weight-loss claims on fake news sites about acai berry supplements and so-called “colon cleansers.” The FTC will seek to use the $2 million judgment announced today to provide refunds to consumers who were allegedly deceived by the defendants’…

Discussing Startups & Entrepreneurship with Author Stephen Key

A lot of inventors and entrepreneurs might come up with an idea that solves a problem, but I’ve always took a different approach. I would let the market tell me what it’s looking for or what it needs or what’s missing. And I like to refer to it as looking for a sleeping dinosaur. By that I mean something that is old and tired. Don’t reinvent the wheel but come up with a small change in existing products. So number one, you’re guaranteed that there’s a market for it. And number two, the technology exists.

AIPLA Bestows Annual Awards

The American Intellectual Property Law Association (AIPLA) bestowed its highest awards on professionals in the IP industry during the 2012 Annual Meeting, October 25-27 in Washington, DC.