Features

Profiles in IP Law: An Interview with Judge James Smith Chief Administrative Patent Judge, United States Patent and Trademark Office

Judge James Smith discusses the training of new BPAI judges, the consistency of Board decisions, efforts to reduce backlog, and his thoughts on the AIA.

Giving the Right of Publicity a Much-Needed Makeover for the Social Media Revolution

Lawyers have struggled to apply conventional right of publicity claims to social networking activity. Companies using social media to advertise and channel the interests of customers need to be mindful of a variety of issues before launching a social media page.

Commercial Prior Art for Software Patents When Claimed Methods Are on Sale

Recent cases provide guidance for building and defeating on sale invalidity arguments for software patents.

Trademark Dilution Developments from the TTAB

The amount and extent of supporting evidence that the TTAB requires to prove fame for dilution is high. Recent decisions by the TTAB sustaining oppositions based on dilution by blurring are examined.

Navigating Aspects of the First-Inventor-to-File Provisions of the America Invents Act

Guidance is provided to foreign nationals who protect their inventions in the United States as part of a global patent strategy.

Canada Opens Up to Registration of Nontraditional Trademarks

The article provides a comparative analysis of the recognition of nontraditional trademarks in Canada and the United States.