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IP Frontiers

Sep 23, 2019

IP Frontiers: Patent rights issues under government R&D contracts

This article will present an overview of some of the issues pertaining to the disposition of patent rights to inventions made under a government R&D contract. As will be seen, […]

Aug 21, 2019

IP Frontiers: The difficulties of protecting cannabis and related intellectual property

As more than half of the states in the U.S. have recently decriminalized cannabis/marijuana to some extent, the domestic cannabis business has been growing rapidly. As of the date of […]

Jun 17, 2019

IP Frontiers: Toward rebalancing outcomes of Alice patentable subject matter inquiries — part two

It has been about nine months since my last patentable subject matter (aka “Alice”) update, tracking cases and other important information in the wake of the Alice Supreme Court decision. […]

May 13, 2019

IP Frontiers: Freedom to contract vs. patent misuse: an analysis of post-expiration patent royalties

Inherent within American contract law is the freedom to contract — i.e., the ability to negotiate and agree to any terms that the parties see fit for any given contract. […]

Apr 15, 2019

IP Frontiers: What’s on sale? The latest on the patent novelty requirement

On Jan. 22, 2019, the Supreme Court provided its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.[1] Despite receiving little publicity outside the patent world, it nonetheless has […]

Mar 18, 2019

IP Frontiers: A primer on the USPTO’s 2019 PEG

On Jan. 7, the USPTO published its new “2019 Revised Patent Subject Matter Eligibility Guidance” (the 2019 PEG), which became “effective” on that same day. However, the 2019 PEG “applies […]

Feb 20, 2019

IP Frontiers: Implementation of the Music Modernization Act: Copyright Office issues solicitation for Mechanical Licensing Collective

Signed into law on Oct. 11, 2018, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) reforms U.S. Copyright law in significant ways that will affect the licensing of digital […]

Jan 14, 2019

IP Frontiers: The patent pendulum swings

The start of a new year provides the opportunity for a highly subjective retrospective on 35 years of patent law — where we’ve been and where we might be going. […]

Nov 19, 2018

IP Frontiers: Patent office changes claim construction standard in inter-parties proceedings

The United States Patent and Trademark Office (USPTO) has decided that it will change the claim construction standard it previously used in inter-parties proceedings. On Nov. 13, 2018, the USPTO, […]

Sep 11, 2018

IP Frontiers: This intellectual property is worth a lot of Bitcoin: What’s protecting this disruptive blockchain technology?

Blockchain is a decentralized database, often referred to as a distributed ledger where transactions are confirmed and recorded. The system is sturdy and secure, as information cannot be altered once […]

Jul 16, 2018

IP Frontiers: Application or registration? Supreme Court to decide when copyright holders may bring infringement suit

The United States Copyright Act contains one of the great contradictions in American jurisprudence. Copyright automatically inheres in a work at the moment the work is created. In other words, […]

Jun 18, 2018

IP Frontiers: Patent filing strategies for startups

Each new startup begins with an idea — but what is the best way to protect that idea? For many mechanical and medical device startups, that idea may be protected […]

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