The Amazon Patent Evaluation Express (APEX) program offers patent owners a cost-effective way to address claims that third-party product listings are infringing on their utility patents. Under the APEX program, a third-party arbitrator assesses whether a product available on Amazon.com infringes a utility patent, leading to the removal of the listing if the article determines
The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the exclusive right to exclude others from making, using, selling, or importing the claimed invention typically for 20 years; however, the risk of patent infringement
Previously Published in The Journal of Robotics, Artificial Intelligence & Law, Volume 7, No. 3 | May-June 2024
In this article, the authors examine the extensive legal risks that companies take when using generative artificial intelligence (GenAI), particularly within operations that create intellectual property or other intangible value represented within a business.
While any groundbreaking
Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To address this concern, in 2023, the USPTO introduced the First-Time Filer Expedited Examination Pilot Program, which was designed
The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a
In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated sale of TikTok. With over 900 US patents covering pivotal technologies, the divestment process entails navigating legal intricacies and financial considerations,
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey Mouse – was let loose from the magic kingdom. Freed from the shackles of copyright, Walt Disney’s iconic
Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and protect them by filing divisional applications. However, care must be taken to avoid potential double patenting issues.
The Supreme
Guidance on using AI to Invent
Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to
In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy:
In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property.
Terminating an employment relationship carries
