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Kellogg’s Toucan Sam Asserted Against Archaeology Initiative

According to the Maya Archaeology Initiative press release, a detailed response was sent by their legal representative to Kellogg’s, which among other things asserted that the toucan in MAI’s logo looks nothing like Kellogg’s cartoon character and said the two entities are not in competition. The press release goes on to say that the MAI’s logo is based upon a realistic toucan native to Mesoamerica, while Kellogg’s Toucan Sam is a cartoon character with colors that represent the Froot Loops® food coloring. Really? Wow! Let’s take those one at a time.

CAFC on Patent-Eligibility: A Firestorm of Opinions in Classen*

That there was a majority (and a dissenting) opinion in the remand of Classen wasn’t surprising. But that there was yet a third “additional views” opinion would likely not have been predicted by anyone. And it is that “additional views” opinion, along with the majority and dissenting opinions, that will certainly generate a “firestorm” through the Federal Circuit, and which may eventually reach the Supreme Court. The judicial donnybrook on the question of what the standard is (or should be) for patent-eligibility under 35 U.S.C. §101 is about to begin in earnest.

Beat the Odds: How to Get Your Invention Licensed

Many inventors believe the way to get a company interested in their inventions is to write a letter – and then hope they receive an invitation to begin negotiations. This seldom happens. If you want to get your invention licensed and receive royalty payments, you have to deliver more than a “me too” product.

Is it too late on Patent Reform?

Now, we’re about to toss it out in favor of a “first to file” bent with post grant challenges and derivation proceedings? Say what…….why? What did the statute do wrong? 8 million patents is a reasonable figure to have achieved. The US is the cross roads of the world’s technology with a statutory “negative pressure” that draws innovators and their ideas here. This country has flourished.

USPTO Names Iowa Library to Support Intellectual Property Information Needs of Inventors and Entrepreneurs

The United States Patent and Trademark Office (USPTO) today announced the designation of Iowa’s Davenport Public Library as a Patent and Trademark Resource Center (PTRC). As the 81st library in the nationwide network, Davenport marks Iowa’s return to the PTRC program and serves as the first center geared away from the “paper depository” concept towards electronic access and training for patent and trademark information.

Copyright Registration – File Early and Often

As a general rule, a copyright lasts for the life of the creator PLUS another 70 years. So your grandchildren and great-grandchildren can benefit from your creation well after you have left this earth. For the price the rights you obtain with a federal registration are a true bargain! File early and often my friends! You can never have too many copyrights, and invariably if you pick and choose when to file you will wish you had applied for a copyright sooner once someone is infringing. By then it will be too late for statutory damages and attorneys fees, which is unfortunate. The early bird gets the worm, and those quick to file a copyright application reap the most rewards.

My Advice to Google – Keep Acquiring Patents

Most patents are obtained simply on the “refrigeration theory” as I call it. Just like if you are in food service you won’t get far without the preserving effects of refrigeration. Everything spoils unless eaten immediately. Likewise in technology; without the coverage of a patent, everything spoils unless consumed forthwith (first mover advantage). The decision is simple: if it is worth doing, i.e., putting resources into, it is worth patenting.

A Limited Run: Testing the Market Without Going Broke

Licensing your invention is a lot easier if you can show that it’s selling. That means you have to produce a small quantity of your product. Nice idea – until you learn that a plastic injection mold costs $25,000. Now what? Fortunately, there are options. You just have to know where to look.

5 More Tips for Acing the Patent Bar Exam

The United States Patent Office is now offering the patent bar examination in electronic format, and that means that the way you study for the exam needs to change. In the past test takers were permitted to bring in with them any materials they wanted except for old exam questions. The ability to bring practically anything into the examination lead to people tabbing the Manual of Patent Examining Procedures, creating detailed and easy to use outlines, and bringing easy to follow flow charts and tables. Gone are these days, but when you do take the examination you will be provided with an electronic copy of the Manual of Patent Examining Procedures, so at least a part of your study needs to be centered around familiarizing yourself with search techniques and strategies that have a chance of success come exam day.

Having a Website is Essential for Business

How often do you use a telephone book to search for a business of interest? Phonebook? What’s a phonebook, right? How often do you search in the online yellow pages for a particular business? Probably anytime you want to know how to contact a company of interest. And how often do you find that the business of interest does not have a website? How often do members of the business community hand you a business card with an email address @yahoo.com or the like? In today’s business world it is amazing to see just how many businesses still do not have a web presence.

Q&A With Sarah Miller Caldicott, Thomas Edison’s Grandniece

Sarah Miller Caldicott is the great grandniece of the legend himself, Thomas Alva Edison. She’s a motivational speaker, head of business consulting firm PowerPatterns and the co-author of Innovate Like Edison: The Success System of America’s Greatest Inventor. In this interview Caldicott reveals what she’s learned and gained from being related to an icon of innovation.

U.S. Copyright Law Basics for Educators

With the new school year rapidly approaching I thought I might take this opportunity to provide some answers to questions I am frequently asked relating to copyrights by educators and administrators. I have tried to be as thorough as possible, but thorough and complete answers are well beyond the scope of this article. Complete thoroughness is also difficult any time you are dealing with copyrights, particularly in an educational context, because the creator owns “exclusive rights,” but “fair use” grants permission to anyone, particular educators, to use at least portions of copyrighted works.

Trademark Process: Obtaining and Keeping a U.S. Trademark

When seeking to obtain a United States trademark there are a number of different steps to the process, and even after the trademark has issued there are several key events that must be planned for in order to continue to maintain the trademark in good standing. Before moving forward to elaborate it is vitally important to understand that once you file a trademark application it will be necessary to promptly respond to any inquiries made or issues raised by the Trademark Office, which will come from a trademark examining attorney. Likewise, to preserve the trademark in good standing there will be additional steps that you must take after the trademark has issued.

Patent Drafting Lessons: Learning from the Grappling Dummy

Such a long, detailed and narrow feature set may have been require to get a patent issued, but is the patent effort (i.e., time and cost) worth such a narrow set of claims? The answer can be a resounding YES, or a definite NO! It all depends upon what you want to do with the patent. One this is for certain though, if you add enough qualifiers and sufficiently narrow a claim you can get a patent on virtually anything, which is unfortunately a truth that invention promotion companies know all to well! In almost all circumstances the goal is to get the broadest valid claim you can possibly obtain. Getting a narrow claim is not likely going to be satisfying, which is why you really should do a patent search prior to deciding whether to even move forward with a patent application. Only by doing a patent search can you get any idea regarding the likely scope of patent claims that could be obtained.

Follow Friday: IP Tweeters You Should Follow on Twitter

If you are a user of Twitter you have probably seen more than a few tweets using “#FF” followed by a number of names. #FF stands for “Follow Friday.” On Fridays many Twitter users will suggest who others should follow by tweeting with the hashtag #FF. If this is gobbledygook to you where have you been? Twitter is a great way to stay up to day with news and information from the sources that you like the most. You need to get on the Twitter bandwagon and give it a try!