Type C Patent Term Adjustment Requires Fully Successful Appeal

In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner’s rejection. The decision may lead to more scrutiny of Patent Trial and Appeal Board decisions that “affirm” an appealed rejection on the basis of “a new ground of rejection.” The decision also may encourage applicants to structure their appeals such that a favorable […]

By | September 26th, 2022 ||

Adding Additional Classes To Your Existing Trademark

Business owners may file trademark applications and later wish to add additional classes as their businesses expand to more goods and services. Unfortunately, people cannot directly amend trademark applications to add additional classes, but they may be able to establish new filings with the United States Patent and Trademark Office (USPTO). Therefore, adding new classes to a trademark is made possible by creating new applications.

According to the United States Patent and Trademark Office (USPTO), international […]

By | September 23rd, 2022 ||

Copyright Claim By Prince’s Photographer Defeated On Implied License Theory

Yes, another copyright case involving Prince (of Paisley Park, not of Wales). (But not the biggie.)

And another case dealing with the fallout of a collaboration that went south. (Here are here are others we have covered recently.)

In the late 1970s into the early ’80s, plaintiff Allen Beaulieu took some truly extraordinary and iconic photographs of Prince. (This is my favorite.) In 2014, Beaulieu began working on a book about his years at the side of the High Priest of Pop. He […]

By | September 21st, 2022 ||