I/P Updates
I/P Updates is authored by Wiliam F. (Bill) Heinze, an intellectual property attorney living near Atlanta, Georgia. His in-house, corporate international practice focuses on providing clients with proactive and preventative services in the areas of process development and training, competitive analysis and monitoring, application prosecution, customs registration, import exclusion, enforcement, and portfolio management and measurement at each stage of the product development cycle. He updates his blog with news and information on intellectual property issues.
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Recent Articles
46th Annual Corporate Patent Seminar
Registration is now open for the 46th Annual Corporate Patent Seminar in Austin, Texas on November 14-16th. Past participants have included representatives from Procter & Gamble, Caterpillar, SC Johnson, Pfizer, Eli Lilly and others.Limited to senior-level corporate counsel, the CPS is an...
Marking Not Required for Notice in Process or Method Claims
In Crown Packaging Technology, Inc. v. Reexam Beverage Can Co. (March 17, 2009) the Federal Circuit reiterated that the notice provisions of ยง287 do not apply where the patent is directed to a process or method. [A] party that does not mark a patented article is ...
Fair Use Doctrine Under U.S. Copyright Law
Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright...
USPTO Interim Procedure for Patent Term Adjustment Recalculation
The U.S. Patent and Trademark Office expects to complete by March 2, 2010, the software modification necessary to comply with the U.S. Court of Appeals for the Federal Circuit's recent decision in Wyeth v. Kappos regarding the overlapping delay provision of 35 USC ...
USPTO Rules on Special Status Petitions for Green Technology Patent Applications
In a Federal Register notice published and effective on December 8, 2009, the U.S. Patent and Trademark Office announced rules for implementing its previously-announced pilot program in which an applicant may petition to have an application involving green technologies...
USPTO Expands and "Enhances" First Action Interview Pilot Program
Effective October 1, 2009, the United States Patent and Trademark Office (USPTO) is expanding and "enhancing" the original First Action Interview Pilot Program which ended on June 28, 2009. Under the Enhanced First Action Interview Pilot Program ending...
FTC Revises Guides Governing Endorsements and Testimonials
The Federal Trade Commission has issued revisions to its Guides Concerning the Use of Endorsements and Testimonials, which will take effect on December 1, 2009 under16 C.F.R. Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised...
TGIF for Religion and Intellectual Property
On July 7, 2009, Pope Benedict XVI published his third encyclical letter titled "Caritas in veritate" (Charity in Truth) which, among other things, states that "On the part of rich countries there is excessive zeal for protecting knowledge through an unduly rigid assertion...
Evidence of Intent to Use Before the US Trademark Office
The latest issue of The Trademark Reporter includes Sandra Edelman's timely and informative article on bona fide intent, entitled "Proving Your Bona Fides - Establishing Bona Fide Intent to Use Under the U.S. Trademark (Lanham) Act," 99 Trademark Reporter 763 (May-June 2009). According...
Website "Means" Requires Algorithm Disclosure
In Ex parte Catlin, __ Westlaw __ (U.S. PTO Bd. App. & Int. February 3, 2009)(precedential), the Board held that a method claim for implementing an on-line incentive system that recited "providing, at a merchant's web site, means for a consumer to participate in an ...
