Intellectual Property Law
By Matthew J. Booth Yet again, we have the dreaded, “it depends,” answer. In this case, it depends on where you can bring the lawsuit because there have been different decisions in various Federal Circuit Courts of Appeal about the proper timing of filing a copyright infringement lawsuit. Let’s go back to the beginning of …
By Matthew J. Booth The King Arthur stories are some of my all-time favorites so I thought I would share this story. And by the way, the copyrights for these books are most definitely in the public domain. Link to Livescience article
By Matthew J. Booth A couple of weeks ago I wrote about whether the America Invents Act (AIA) changed the Patent On-Sale bar. The US Supreme Court answered this question in a short, unanimous opinion by Justice Thomas, with the answer being, no, the AIA did not change the Patent On-Sale bar. In its review …
By Matthew J. Booth The US Patent & Trademark Office (USPTO) recently published an updated Examiner Guidance that applies to the examination of software patent applications (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50). The hope is that these new Guidelines will speed up the application review process and provide more …
By Matthew J. Booth That’s a little bit what starting this adventure in blogging feels like. It is also the ending to Robert Frost’s poem “Stopping by Woods on a Snowy Evening.” On January 1, 2019, most copyrighted works published in 1923 went into the public domain. This includes several notable works including “Stopping by …
By Matthew J. Booth The U.S Supreme Court heard oral arguments last month regarding whether the America Invents Act changed the definition of the on-sale bar for patents. Before the AIA, the on-sale bar meant that an applicant for a patent could not have sold or attempted to sell the claimed invention before the filing …