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Patents of Interest for 2016

Posted on Dec 28, 2016 in Articles

Would you like to predict the future? It’s possible – just look at patents and patent applications to get a sense of the world of technology that will soon be approaching. While many patents will never lead to actual physical products, others can give a good sense of important business developments that may be just around the corner.

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Marijuana’s Role in the Pursuit of Trademark Rights

Posted on Nov 29, 2016 in Articles

Last month, we ­discussed the patentability of ­marijuana. It was explained that numerous marijuana-related patents already exist and more are expected to be granted. The issues associated with trademarks and marijuana, however, are substantially different.

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The State Of Judicial Deference To The USPTO

Posted on Nov 16, 2016 in Articles

Perhaps no doctrine is more significant to our form of government than separation of powers. In the first draft of the Bill of Rights, James Madison wanted to explicitly state that our three branches of government — legislative, executive and judicial — “shall never exercise the power” of each other. His proposal was struck down as being redundant with language articulated by the U.S. Constitution. Separation of powers, it was argued, was already implicit. Yet here we are today, with accusations that the separation of powers doctrine has been eroded.

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Marijuana’s Role in the Pursuit of Patent Rights

Posted on Oct 24, 2016 in Articles

Marijuana is big business and the opportunities to make money, just like the plant, will only continue to grow. In 2015, Colorado’s marijuana sales came close to a staggering one billion dollars. And in next month’s election, five states will be voting on legalizing ­marijuana for recreational purposes, while four more states will be asking voters to decide whether the plant should be ­available for medical purposes. Businesses will ­expand and new companies will be born in order to try to cash in on this ­lucrative market.

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The Current State of Computer Software Patentability

Posted on Sep 26, 2016 in Articles

Remember Morse code? Perhaps mention of the name conjures up movie images of telegraph operators communicating over long distances, by tapping out “dashes” and “dots” that correspond to letters of the alphabet. What many people do not realize is that Samuel Morse, inventor of Morse code, fought a protracted battle to protect his patent rights. One of his patent claims stands out: the use of electromagnetism to print “intelligible characters, signs or letters.”

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Caesar Rivise Attorneys Named to 2017 “Best Lawyers in America”

Posted on Aug 25, 2016 in News

Ten Caesar Rivise attorneys were named to The Best Lawyers in America© 2017 ranking of peer-reviewed professionals. This annual list of carefully vetted attorneys is recognized by Corporate Counsel as “the most respected referral list of attorneys in practice”.

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Options for Dealing with Patent Office Final Rejections

Posted on Aug 24, 2016 in Articles

It happened again. Your company is trying to obtain valuable patent rights, and for the second time (or perhaps the third time, or the fourth time) the U.S. Patent and Trademark Office (USPTO) has rejected your patent application. Is there an end in sight?

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Intellectual Property Rights in the U.K. After Brexit

Posted on Jul 27, 2016 in Articles

While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom’s historic vote to leave the European Union will affect the future. One important subject is intellectual property. How does Brexit affect intellectual ¬property rights in the U.K.?

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USPTO Options for Applicants to Obtain a Patent More Quickly

Posted on Jun 29, 2016 in Articles

There are many reasons why an applicant might want their patent to be granted faster. Fortunately, the U.S. Patent and Trademark Office (USPTO) offers a variety of options for patent applicants to obtain patents more quickly.

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New Legal Interpretation Puts Many Patents at Risk

Posted on May 27, 2016 in Articles

Timing is everything—so the ­saying goes. In the world of patent procurement, bad timing can have horrendous consequences. A district court recently held that a patent application was filed one day later than the statute allowed, and the resulting patent was thus invalid. The ­decision contravenes 150 years of accepted patent practice. If the decision is allowed to stand, more than 12,000 patents may become worthless.

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