U.S. Design Patent Application - Don't Forget the Request for Expedited Examination!

Given the Patent Office's new found vigor in approving certain applications, next time you file a U.S. design patent application, definitely consider also filing a Request for Expedited Examination.  Our newest record is a mere 56 days from application filing date to Notice of Allowance!  Now THAT is getting protection quickly.

Unlike in utility patents, the REE procedure with U.S. design patents is relatively simple.  Basically you just submit the results of a novelty search, and file the requisite request form.   Since a regular design case can take up to 2-3  years to prosecute, for the right subject matter, the time savings and speed to protection are well worth the extra costs. 

Another quick way to get registration protection is with expedited Copyright applications.   You can get your application examined in about 10 business days.  Moreover, Copyrights have longer terms (could be more than 100 years, compared to the 14 years for design patents).  But then not all designs are subject to Copyright protection.  

 http://www.uspto.gov/web/offices/pac/mpep/documents/1500_1504_30.htm 

http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_155.htm#cfr37s1.155

Danton Mak

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US Copyright Office Launches Study Regarding Sound Recordings Fixed Before February 15, 1972

The U.S. Copyright Office has launched a study on the desirability and means of bringing sound recordings fixed before February 15, 1972, under federal jurisdiction.  The study is to cover the effect of federal coverage on the preservation of such sound recordings, the effect on public access to those recordings, and the economic impact of federal coverage on rights holders.  The study is also to examine the means for accomplishing such coverage.

The extended due date for Initial comments is January 31, 2011.

For more information and to submit comments, go to:

http://www.copyright.gov/docs/sound/

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Free IP Program

Jeff Sheldon teaches a class at Pasadena City College four times a year entitled “Protecting Ideas and Avoiding Infringement.”  We are going to present the class at our offices, for free.  We have room for 20 people.  It is scheduled for December 8 at 2:00 pm and typically lasts for about two hours.

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Should I Register My Copyright?

Copyright registration is not needed in the United States to have enforceable rights in a copyright. It is unlike a patent, where an issued patent is needed to have enforceable rights.

However, there are very good reasons for registering a copyright with the United States Copyright Office, including:

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Patent Office Issues Bilski Guidelines

There is a follow-up to the Supreme Court’s decision involving Bilski.  The Patent Office has issued guidelines to the examiners on how to determine whether there is patentable subject matter.  This is of particular interest to computer related inventions.

As you may recall, the Supreme Court endorsed the Federal Circuit’s “machine or transformation test” to determine whether there is patentable subject matter.  But the Supreme Court held that this is not the only test.  Instead the Court applied a broader “abstract idea” test, stating that if a patent claim is directed to an abstract idea the claim is not directed to patentable subject matter.

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How Can A Software Supplier Control Resale Of Its Software?

If you paid for a used but genuine CD-ROM containing autoCAD software with a "shrinkwrap license," could you resell it on eBay?  Is that any different from buying a used book then reselling that book on eBay, which is permitted under copyright law and is called the "first sale doctrine?"  That was the question before the Ninth Circuit in a case involving Autodesk, the owner of copyrighted autoCAD software.

An eBay "PowerSeller" named Timothy Vernor bought a used copy of autoCAD software on genuine CD-ROMs at a garage sale.  The "shrinkwrap" seal had already been broken, and prior cases have decided that a user opening the seal is legally bound to the terms written on the shrinkwrap sleeve.

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How To “Take Down” Infringing Content

Suppose you find a website or android application that has copied content from your website, or someone is selling counterfeit merchandise on eBay.  What can you do about it?  If the competing website, vendor, or application is infringing your intellectual property, you could sue them, of course.

But there is potentially a much simpler inexpensive course of action.  You can notify Google, eBay, or other Internet service providers that your intellectual property is being infringed and ask that they “take down” the infringing content.  Service providers will oblige and take down the content if they agree that your rights are being violated.

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