Understanding the Role of ‘Inventor’ in Patent Applications Under California IP Law
Cohen IP Law
by Michael Cohen
1w ago
Determining who qualifies as an inventor for the purposes of a patent application is a pivotal question with far-reaching implications. According to the United States Patent and Trademark Office (USPTO), an inventor is defined as the individual or group of individuals contributing to the conception of the invention outlined in a patent application. This definition underscores the necessity of originality and active involvement in the creation process, establishing a clear boundary between mere assistance and genuine innovation. In recent years, statistics have illuminated trends in patent fili ..read more
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For Trademark Squatters, Cannabis Brands Provide New Territory
Cohen IP Law
by Michael Cohen
1M ago
Trademark squatting is an old problem. However, as new products enter the market, this old problem finds new forms of expression.  Recently, trademark squatting on cannabis-related brands has accelerated, particularly in brands that work with suppliers or sell items in China.  What is Trademark Squatting? Trademark squatting occurs when one party registers a trademark while another uses that trademark in commerce but hasn’t registered it.  The party using the trademark may have invested considerable resources into developing the mark, printing it on products and packaging, and i ..read more
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Employee/Employer Intellectual Property Disputes
Cohen IP Law
by Michael Cohen
1M ago
If you’re like millions of Californians, you work. And, if you’re like millions of Californians, you have interests and projects that overlap with your work. You may be inventing new processes or products in your field of expertise. You may spend your free time on writing, music, artwork, or other forms of expression. Or you may be crafting logos and slogans related to your side hustle. When you’re a creator and an employee, challenges can arise. Who owns your intellectual property – you or your employer? An experienced California intellectual property lawyer can help you answer that question ..read more
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The Evolution of Patent Law in the Digital Age: Navigating New Frontiers in Intellectual Property
Cohen IP Law
by Michael Cohen
3M ago
The digital age has ushered in many technological advancements, radically transforming industries and societal norms. As a result, patent law, a guardian of innovation and intellectual property, faces unprecedented challenges and opportunities. Traditional patent law principles, established in an era when inventions were tangible and often mechanical, are now being tested by the intangible, rapidly evolving nature of digital and AI technologies. The Objective of Patent Law At its core, patent law is designed to protect inventions, granting inventors exclusive rights to their creations for a li ..read more
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SUNY Morrisville Tests Boise State’s Common-Law Trademark Theory on Colorful Turf
Cohen IP Law
by Michael Cohen
5M ago
In 1986, Boise State University broke with football convention by installing bright blue turf on its football field. The school’s now-famous “smurf turf” received federal trademark protection in 2011. Since Boise State registered its trademark blue turf, other colleges, universities, and even some US high schools have sought to change the colors of their own turf. Most of these schools have discussed their plans with Boise Stateーbut one school, SUNY Morrisville, is breaking with convention in a way that may trigger a trademark showdown.  Beyond Blue: Boise State’s Common-Law Claims While ..read more
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Copyright vs Trademark: Protecting Your Intellectual Property
Cohen IP Law
by Michael Cohen
5M ago
In a rapidly evolving business landscape, understanding the nuances of intellectual property (IP) law becomes critical in safeguarding your assets and fostering innovation. At the heart of IP law are two vital concepts: copyrights and trademarks. These legal instruments provide distinct forms of protection for different kinds of intellectual property. Recognizing the differences between them is crucial for every entrepreneur, creator, or innovator. Let’s delve deep into these two facets to help you understand the complex terrains of IP law more adeptly. Copyright: Safeguarding Original Creatio ..read more
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Board Rejects Video Game Character Face as Sufficient for Trademark Protection
Cohen IP Law
by Michael Cohen
5M ago
The Trademark Trial and Appeal Board recently ruled that a video game character’s face, on its own, is insufficient to function as a trademark.  More Than a Face? Osgoode Media sought trademark protection for an image of the face of one of its video game characters, “Maria.” The application indicated that the company planned to use the Maria image as a registered trademark. Maria appears in a game offered by Osgoode Media titled “Target of Desire: Episode 1.”  The U.S. Patent and Trademark Office (USPTO) rejected the mark upon reviewing the application. While the Trademark Trial and ..read more
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Crucial Insights: Federal Circuit’s Recent Ruling on Double Patenting Cases
Cohen IP Law
by Michael Cohen
6M ago
Recently, the U.S. Court of Appeals for the Federal Circuit issued a ruling that discusses the analysis for patent term extension and patent term adjustment. Both PTE and PTA can lengthen the term of a patent, but they arise from two different statutes and are used for two different purposes. The court determined that they cannot be applied in the same way, either.  In In re Cellect, the court determined that PTA and PTE, in an obviousness-type double patenting analysis, can not looked at as the same. Judge Lourie explained in writing that the ODP for a patent needed to be based on the ex ..read more
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Michael Cohen Interviewed by Foundr.com About the Patenting Process
Cohen IP Law
by Michael Cohen
6M ago
Foundr.com interviews Michael Cohen in an article that outlines the US patenting process entitled “How to Patent an Idea.  And Is it Really Worth it?”  The article discusses issues such as the types of patents available, the process, patenting costs, and enforcement issues. How to Patent an Idea. And Is it Really Worth it ..read more
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USPTO Announces Extension Of Certain Patent And Trademark-Related Timing Deadlines Under The Coronavirus Aid, Relief, And Economic Security Act
Cohen IP Law
by Michael Cohen
6M ago
The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27. “Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of COVID-19,” said Under Secretary of Commerce for Intellectual Property and Director of the U ..read more
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