© 2011 By Constance R. Barnhart On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (the “Act”), which the U.S. Patent and Trademark Office (USPTO) termed “the most comprehensive overhaul to our nation’s patent system since 1836.”
The Act (H.R. 1249), co-sponsored by Senator Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), was passed by the U.S. House of Representatives on June 23, 2011 by the Senate on September 8, 2011 by decisive bi-partisan votes in both chambers.
For more information on the America Invents Act, See our article, President Obama Signs into Law Most Comprehensive Patent Reform Act in 175
Read more…New America Invents Act, the Most Comprehensive Patent Reform Act in 175 Years
© 2011 By Constance R. Barnhart A. General – Overview & Introduction to Intellectual Property Licensing Across International Borders
1. Next Step to Expand International Operations? Licensing of patent rights, trade secrets, know how, copyrighted software or other technology, and trademark rights (collectively referred to hereafter as “Technology”) to overseas party for exploitation (manufacture, use and sale) abroad is often a next step (after exporting) to expand international operations – whether by companies around the world into the U.S. market, or by U.S. companies abroad.
2. License defined: A conveyance of a right under a patent, trademark or copyright which confers less than the
Read more…International Intellectual Property Licensing: Basic Introduction & Checklist
© 2011 By Constance R. Barnhart I. Basics of Intellectual Property Protection in the U.S.
A. Patents
1. U.S. Patents are granted upon application to United States Patent and Trademark Office (“PTO”), for new, useful, and non-obvious inventions, determined to meet the statutory criteria, after examination, by U.S. PTO.
A U.S. Patent grants to patent owner the exclusive right to practice his invention, to manufacture, use and sell goods thereunder, and to exclude others (or license such rights, in whole or in part, to others for compensation). Under current U.S. law, patents are granted for a period of 20 years from date of
Read more…Outline: Introduction to Intellectual Property Protection
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