Federal Circuit Affirms Contractors’ Ownership Rights In Technical Data And Trade Secrets

When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of their defense. Indeed, much can be made in civil litigation about the legal impact of the contractor’s creation of an alleged trade secret for and its delivery of the alleged trade secret to the government. The Federal Acquisition Regulations (FAR) and the Defense […]

By | June 10th, 2021 ||

USPTO Proposes Rulemaking To Implement Provisions Of The Trademark Modernization Act

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain provisions of the TMA, as detailed below. The proposed new and amended rules:

establish procedures and fees for ex parte expungement and reexamination proceedings
provide nonuse grounds for cancellation before the Trademark Trial and Appeal Board (TTAB)
establish flexible […]

By | June 2nd, 2021 ||

Advice From Ben Franklin On Choosing Patent Terms

Beauty is in the eye of the beholder is a catch phrase well known and of ancient origin. Benjamin Franklin even had a wry turn at it in Poor Richard’s Almanack, 1741: “Beauty, like supreme dominion is but supported by opinion.”  As it turns out, however, in the opinion of the District Court of Delaware, “beauty,” or in this case, enhancement of the skin is not a term one ought to have in their patent […]

By | May 31st, 2021 ||