Copyright Protection and Fair Use

June 28, 2018

Copyright law protects original works of authorship that are fixed in a tangible medium of expression. Poetry, plays, movies, songs and software are examples of created works that can be protected by...

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Supreme Court Rules in Oil States v. Greene Energy

June 14, 2018

The Supreme Court ruled in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., deciding that inter partes review, which authorizes the United States Patent and Trademark Office to reconsider and cancel...

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The Patent, the Mouse and You

April 26, 2018

In 1980, genetically altered living organisms were deemed eligible for patent protection as the result of a Supreme Court ruling in Diamond v. Chakrabarty, 447 U.S. 303, 206 USPQ 193 (1980), which held that...

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Warning! Scam Trademark Solicitations

April 01, 2018

Private companies that are not associated with the United States Patent and Trademark Office (USPTO) or San Diego IP Law Group LLP abscond trademark application and registration information from publicly available USPTO...

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Are Patents Public or Private Rights?

March 17, 2018

The Leahy–Smith America Invents Act (AIA), passed by Congress September, 16, 2011, introduced noteworthy amendments to the existing United States patent system, including transitioning from first-to-invent to first-to-file priority; assignee filing; prohibiting patents...

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Guardian of the Rings

February 18, 2018

The 2018 Winter Olympic Games in PyeongChang are upon us. From February 8 to 25, spectators around the globe will attend, watch and follow the world’s best-of-the-best athletes as they compete in...

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Luther Burbank: Father of Plant Patents

November 13, 2017

Prior to the U.S. Plant Patent Act in 1930, plants could not receive patent protection. Like other products of nature, such as minerals or microorganisms, plants were excluded by statute or judicial...

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The Scandalous Trademark

September 12, 2017

The First Amendment’s Free Speech Clause limits government control of private speech but does not limit government speech. Where courts draw the line as to whether a government issued document is private...

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