Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities … Continue Reading
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application? Can … Continue Reading
Suppose that you have an assignment of a copyright or a security agreement for a copyright. Are you required to record this assignment or security agreement against the copyright registration? Should you record this assignment or security agreement with the U.S. Copyright Office? The answer is YES! In the United States, 37 C.F.R. § 205 … Continue Reading
Suppose that you have an invention disclosure for a design of an article that you want to protect? When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such as a chair. You draft and file a design patent application on the pattern described as … Continue Reading
Suppose that you want to obtain a patent for an invention related to your cannabis business. What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant? Should you attempt to patent your invention with the U.S. Patent and Trademark Office? Can … Continue Reading
