Skip to content

Intellectual Property

Work for Hire Agreements Require Due Diligence

by Clyde E. Findley | February 11, 2022 | Intellectual Property

If you want to hire someone to create a work of art that might be protected by copyright laws (for example, a logo, an advertising piece, or even a photograph), you should make sure the person you want to hire is not already encumbered by another contract. This blog explains…

A Well-Known Published Document Can Still Be a Trade Secret. Wait, What?

by Clyde E. Findley | January 31, 2022 | Intellectual Property

If a trade secret is published by a third party – especially if it was published long ago – it is public knowledge and cannot be claimed as a trade secret. Right? Well, as it turns out, life is not as simple as we would like. And sometimes, an interesting…

If You Have a New Trademark, Watch Out for Scams!

On Behalf of Berenzweig Leonard, LLP | July 13, 2020 | Intellectual Property

If you submit a new trademark application or if you include your email address on a prior trademark application, there is a good chance you will be scammed. Here is what to look for. The scam usually looks like an official invoice sent to your email address. The invoice will…

Domain Names Can Be Trademarked

On Behalf of Berenzweig Leonard, LLP | July 10, 2020 | Intellectual Property

United States Patent & Trademark Office v. Booking.com B.V., ___ U.S. ___, 2020 WL 3518365, No. 19-46 (June 30, 2020) by Clyde Findley and Amber Orr | Intellectual Property |  We used to question whether generic Internet domain names could be trademarked. Now, thanks to Booking.com’s unwillingness…

Should Patent Law Permit AI Systems to be Inventors?

by Clyde E. Findley | February 3, 2020 | Intellectual Property

It’s starting to happen. Artificial intelligence (“AI”) systems have become smart enough to create new inventions. Two recent examples of AI-authored inventions were produced by a system called “Device for the Autonomous Bootstrapping of Unified Sentience” or simply “DABUS.” According to Dr. Stephen Thaler, who developed it, DABUS is a…

Winter Solstice Puzzle

by Clyde E. Findley | January 6, 2020 | Intellectual Property

(This blog post is just a holiday interest story. It does not concern anything legal.) The winter solstice – the shortest day of the year – usually occurs on December 21st. This is the day of the year when the northern hemisphere is tilted the farthest away from the Sun.

Perihelion Day

by Clyde E. Findley | January 3, 2020 | Intellectual Property

(This blog post is just a holiday interest story. It does not concern anything legal.) On January 5, 2020 at 2:48 am Eastern time, the Earth and Sun will be closer to each other than at any other time of year. We call it Perihelion Day. Because the Sun is…

FAQs About Patenting Your Invention – Provisional Applications

by Clyde E. Findley | December 17, 2019 | Intellectual Property

This is one of several blogs about patenting an invention. What is a provisional patent application? A provisional patent application is an optional first step in the process of getting a patent. It is not a real patent application. It is only a temporary placeholder that provides evidence that you…

FAQs About Patenting Your Invention – Miscellaneous

by Clyde E. Findley | December 16, 2019 | Intellectual Property

This is one of several blogs about patenting an invention. Are there different kinds of patents? Yes. A utility patent can protect a process, a machine, an article of manufacture, or a composition of matter. Most patents are utility patents, but there are two other kinds of patents: design patents,…

FAQs About Patenting Your Invention – Patent Prosecution

by Clyde E. Findley | December 12, 2019 | Intellectual Property

This is one of several blogs about patenting an invention. Tell me more about “patent prosecution.” Patent prosecution is the process of getting the PTO to issue a new patent. At some point after your patent application has been filed, a patent examiner will review it. During that review, the…