My Summer Working on “Secrets” … Trade Secrets!

Stealing, scheming, heroes, villains, action! You might think I’m talking about the new James Bond movie, but I’m actually talking about intellectual property!

When people hear the words “intellectual property” they may think of the traditional patents, copyrights, or trademarks. But most people might not realize that there is another kind of IP – trade secrets. I definitely fell into the “not knowing” category prior to working at an IP firm this past summer.

Continue reading “My Summer Working on “Secrets” … Trade Secrets!”

Free Patent Lawyers? It’s easier than you think!

Are you a student curious if there is a place for pro bono work in patent law? Are you a practitioner curious about how the U.S. Patent and Trademark Office (USPTO) has addressed accessibility to patent protection? Do you or a friend want to file a patent for an invention but can’t afford a patent attorney?  If so, this blog is for you! Continue reading “Free Patent Lawyers? It’s easier than you think!”

Sports, Photography, and Copyright: Who Has the Rights?

For sports fans, photographs taken during competition can become iconic. Muhammad Ali standing over Joe Frazier, the United States Hockey Team celebrating the “Miracle On Ice,” and Tiger Woods at the Masters are a few examples. Sports photos are highly marketable, but who owns and has the rights to use these photos?

Continue reading “Sports, Photography, and Copyright: Who Has the Rights?”

AI and IP: Bananas, Bots, and Brains

As technology develops, the growing presence of Artificial Intelligence (AI) within our lives becomes more prominent. AI predicts what we want to watch on TV, what food we want to eat, and what we want to type. The predictive abilities of AI have begun to even encroach upon the creative space. The use of AI as a tool in arts and science is not new, however. Scientists have used the residual processing power from video game consoles to assist AI in processing models for the potential folded structures of proteins. What is new however is the use of AI to create a new product with little human input entirely.

This raises important questions in intellectual property (IP) (Particularly in the fields of patent and copyright law.) If an AI invents something useful or creates an expressive work, who will own the IP  in that work? If the invention is patentable, who is the inventor? The AI or the creator or owner of the AI? Similarly, if an expressive work is copyrightable, who is considered the author? Answering these questions is essential in determining who will ultimately own the IP.

Thus far, the question of AI inventorship or authorship has hinged on the fact that such creations are a result of a non-human entity. To begin to understand how such creations from non-human entities are treated, we first look at how non-human authorship is treated by the courts.  We will start at the beginning – before AI was considered an inventor.

Continue reading “AI and IP: Bananas, Bots, and Brains”

Knowing Your Audience: The Importance of Venue in Patent Litigation

As a summer associate working in patent litigation, I kept seeing the same judge’s name in the same district court. At first, I had no idea why this was the case. However, I’ve since learned how important venue is in patent litigation.

Selecting the right venue is crucial in patent litigation cases, because where a case is filed can impact its likelihood of success. So, what exactly is venue? And why is it so important to patent litigation? Allow me explain.

Continue reading “Knowing Your Audience: The Importance of Venue in Patent Litigation”

Quilting and Copyrighting: Part 2

In my last post I analyzed whether the design of a quilt top meets the statutory requirements for copyright protection and determined that it does. But there are still some unanswered questions. For example, if I wanted to create and sell a pattern with instructions on how to make my original quilt, would that also be protected under copyright law? And, if so, what might infringe?

Continue reading “Quilting and Copyrighting: Part 2”

Trade Dress: Can A Tampon Applicator Get Trademark Protection?

Before taking an intellectual property (IP) course this past fall, I assumed trademarks only applied to brand slogans. I did not realize that trademarks could apply to physical products, too.

Now that I have taken various IP courses and participated in the IP Moot Court team, I see trademark protection everywhere. This made me wonder: can a commonplace item, like an applicator for a tampon, receive trade dress protection?

Before jumping into that answer, let’s first explain what a trade dress is.

Continue reading “Trade Dress: Can A Tampon Applicator Get Trademark Protection?”

Stealing Settlers? How IP factors into Online Games

Can Intellectual Property Protect Board Games?

I love board games and have been playing a lot of Settlers of Catan online during the pandemic. I use a site called colonist.io, which is an offshoot, unaffiliated version of the Settlers of Catan game. During my Intellectual Property (IP) class with Professor Ho earlier this year, I wondered how IP rights extend to board games. When we tend to think of IP, we might think of cool technological inventions for patents or Disney’s Mickey Mouse for copyright. IP generally relates to protecting human created products, names, and expressions, and can give its owner rights to protect these.

Continue reading “Stealing Settlers? How IP factors into Online Games”