Tag: Dan Bliss

Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on Posted in Legislation, Patent Infringement, Patents, United States
Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through … Continue Reading

Copyright Infringement before the Copyright Claims Board?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, Protection & Enforcement, United States
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

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patents, United States
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

Should You Record a Transfer or Document against a Copyright?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, United States
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

Can Design Patents Be Limiting in Enforcement?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patent Infringement, Patents, United States
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
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