Monthly Archives: February 2010

Intellectual Policy, not Intellectual Property

In late 2007, I read “Copyrights and Copywrongs” by Siva Vaidhyanathan in which he argues that the rise of intellectual “property” (IP) threatens creativity. He argues that IP is a misnomer, preferring instead the term “intellectual policy” as a term-neutral expression to describe how American law protects creators, authors, musicians, and others who contribute non-tangible […]

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Ideas are not Protectable – Victoria Espinel (Government Official) Gets it Wrong

Victoria Espinel was recently appointed as U.S. Intellectual Property Enforcement Coordinator. On February 23, 2010, she posted a blog entry on the WhiteHouse.gov website. Sadly, she perpetuates some lies about “intellectual property.” I only address the most egregious lies here, principally the lack of distinction between “ideas” and “intellectual property.” Victoria fails to recognize the […]

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False Marking of Patents

The opposite of proper marking of patents is not necessarily false marking. False marking involves deception of the public. False marking occurs when a product for sale is marked “patented” when it is no longer covered by patent protection. In particular, 35 U.S.C. 292(a) states in relevant part that “Whoever marks . . . or […]

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Proper Marking of Patents

Often a business takes a product to market at about the same time that patent applications are filed with the U.S. Patent Office. Sadly, if a patent ever issues, several years have passed. Products often evolve over time. My question that I submit for feedback is this: What should a business do as to marking […]

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