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Intellectual Property Links – Trademarks and Copyrights

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

Examination guides issued subsequent to the publication of the Trademark Manual of Examining Procedure (TMEP) (April 2017), or any issued prior to publication but not incorporated into the TMEP, are listed below. Generally, examination guides issued prior to the publication of the TMEP April 2017 have been incorporated into the TMEP.July 2017 Revision of Patent Cooperation Treaty Procedures

The newest version of the Compendium from the U.S. Copyright Office was released in draft form on June 1, 2017. In preparing this update, the U.S. Copyright Office conducted a comprehensive review of all chapters. Revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works. It also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands. Revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents.June 2017 updated to Trademark Trial and Appeal Board Manual of Procedure (TBMP)

The United States Copyright Office has completed the first comprehensive public study assessing the operation of section 1201 of title 17, United States Code. Enacted in 1998 as part of the Digital Millennium Copyright Act (“DMCA”), section 1201 prohibits the circumvention of technological measures employed by or on behalf of copyright owners to protect access to their works (also known as “access controls”), as well as the trafficking in technology or services that facilitate such circumvention. It also prohibits trafficking in technologies or services that facilitate circumvention of technological measures that protect the exclusive rights granted to copyright owners under title 17 (also known as ‘‘copy controls’’). In addition, section 1201 establishes a triennial rulemaking process through which the Librarian of Congress, following a public proceeding conducted by the Register of Copyrights in consultation with the National Telecommunications and Information Administration of the Department of Commerce (“NTIA”), may grant limited exceptions to the bar on circumventing access controls.

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Patent Forum Shopping – TC Heartland v. Kraft Foods

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

Tara Muller, of the NC Bar Association Blog, recently published an article about Forum Shopping in patent cases based on the U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods on May 22, 2017.

“In a much-anticipated ruling on May 22, 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods narrowed the definition of venue for patent infringement cases. Until last week, a patent holder could sue an alleged infringer in any venue where the defendant was doing business, causing forum shopping and a very high concentration of patent cases in plaintiff-friendly venues like Eastern District of Texas. Roughly 40 percent of infringement suits, many filed by non-practicing entities, have been filed in ED TX in the last two years. Now, however, patent enforcers must file suit in the judicial district in which the corporate defendant “resides” (meaning state of incorporation) or where it has committed alleged acts of infringement AND has a regular and established place of business. Experts predict TC Heartland will increase the cost of litigation and drastically end forum shopping. They forecast a flood of litigation into other states, including Delaware, where so many companies incorporate, or tech-sector states like California and New Jersey.”
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Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Intellectual Property Links – Copyright and Trademark

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

 

The United States Copyright Office is proposing to amend its regulations concerning the recordation of transfers of copyright ownership and other documents pertaining to a copyright under 17 U.S.C. 205, and notices of termination under sections 203, 304(c), and 304(d).

The United States Patent and Trademark Office (“USPTO”) seeks comments from stakeholders, mark owners, and all those interested in the maintenance of an accurate U.S. Trademark Register, on the establishment of a streamlined version of the existing inter partes abandonment and nonuse grounds for cancellation before the USPTO’s Trademark Trial and Appeal Board (“TTAB”).

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Intellectual Property Links

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

Please find below, links to new rules and/or practice tips for intellectual property:

New website for U.S. Copyright Office: www.copyright.gov

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com