Monthly Archives: July 2010

Uncertainty in Patent Rights

Here is a quote and lesson for patent seekers and others involved in patent law. Also, it contains one of the first references that I have found equating patent rights to property rights: “It should also be borne in mind that no property is so uncertain as ‘patent rights’; no property more speculative in character […]

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Differences Between Patent Reexamination and Patent Reissue

Reissue applications generally allow for correction of a larger scope of errors than patent reexamination, but reissue is only available to patentees (patents that have already issued). The process of reissue permits patentees to correct defects relating to subject matter eligibility, utility, written description, enablement, and clarity of the original claims. Reissue applications additionally allow […]

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Requirements for Trademark Abandonment

Abandonment A trademark is considered abandoned if the trademark owner ceases use with an intent not to resume use. See 15 U.S.C. ยง 1127. A statutory presumption of abandonment arises when a trademark owner fails to make use of its mark for at least a three-year period. An assertion of abandonment can be used offensively, […]

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Aligning Intangible Business Assets with Business Objectives

I am often asked, “How can my company best align its intellectual property (IP) portfolio with our business objectives?” The answer is pretty simple. Tarek N. Fahmi, a partner in the Silicon Valley (California) law firm of Sonnenschein, Nath & Rosenthal, has stated that IP can be aligned with business objectives by performing a good […]

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