Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Why Not Throw in the Design of the Kitchen Sink?
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
The first option is hazardous. In the wake of the U.S. transition to a 'first-inventor-to-file' patent system under the America Invents Act (AIA), companies seeking patent protection for new products have even more reason to preserve their patent rights before public disclosure or offer for sale. Under the AIA, the one-year grace period for filing has been limited and the risks of post-disclosure patent filings are still largely unknown. The importance of early filing was further highlighted in Hamilton Beach v. Sunbeam Products Inc., No. 2012-1581 (Fed. Cir. Aug. 14, 2013), where the Federal Circuit held that a foreign supplier's secret, pre-critical-date offer to sell a company's own design to the company (i.e., after the supplier would have manufactured it per the prospective instructions of the company) can serve as a disqualifying offer for sale. On the other hand, the USPTO has indicated that, post-AIA, a 'secret sale ' does not qualify as prior art.' (See AIA Examination Guidelines, 78 Fed. Reg. 11059, 11060 (Feb. 14, 2013).) So, companies should consider filing applications even before approaching suppliers about manufacturing their innovative products.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.