May, 2020

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Importance of Determining Inventorship Prior to Patent Issuance

Canadian Intellectual Property Blog

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Since Canadian patent law requires that each patent application list the sole inventor(s) of the claimed invention, divisional applications derived from an application having two or more inventors must list only the inventors that contributed to the claimed invention.

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While He Was Sleeping.

Dear Rich IP Blog

Dear Rich staff busy at work on your question Dear Rich: 35 years ago, when I was five, a newspaper photographer took a picture of me while I was sleeping. The picture was for publication though I clearly did not give permission. I recently found this picture online (tagged to me) and I bought the original picture. Now, I want all digital pictures online removed.

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Georgia On Our Minds: Annotations Authored by Legislators Not Eligible for Copyright Protection

Trademark and Copyright Law Blog

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Public.Resource.Org, Inc., referring us back to its very first copyright case and revisiting the government edicts doctrine for the first time in more than a century. The Court, applying logic from Wheaton v. Peters , along with Banks v. Manchester , and Callaghan v.

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LIVE UPDATES: USPTO Actions Taken During Coronavirus Crisis

LoTempio Law Blog

It goes without saying that we live in an unprecedented time. With a majority of offices, stores, and schools across the country shuttered for months, the COVID-19 pandemic has brought normal life to a near standstill. Nevertheless, ingenuity never sleeps and the USPTO has rolled out plenty of emergency measures and rule changes to ensure […].

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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New York Forward Loan Fund to Provide Reopening Assistance

GDB Firm Blog

New York State is providing additional relief to small businesses, nonprofits, and landlords through the New York Forward Loan Fund ("NYFLF"). NYFLF loans will serve to assist in covering the upfront expenses that businesses will face in the process of reopening and complying with new guidelines set by the state. Pre-applications, with accompanying financial documents and attestations, may be submitted here.

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The IP Dilemma in Un-Authorized use of Video Games

IIPRD

E-sport is considered as one of the most revolutionary introduction to sports in recent history. It’s not just a different set of rules, but also an amalgamation of the elements of skill and strategy of the physical world and technology’s virtual reality. A video game essentially has a bundle of intellectual property rights and contractual rights within it.

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Computer and Internet Weekly Updates for 2020-05-02

Barry Sookman

Computer and Internet Weekly Updates for 2020-04-25 [link] 2020-04-26 Australia’s coronavirus tracing app launches amid lingering privacy concerns – The Guardian [link] 2020-04-26 THE COVIDSAFE APPLICATION, Privacy Impact Assessment [link] 2020-04-26 Electronic Documents and the Enforceability of Electronic Signatures [link] 2020-04-26 Lime’s User Agreement Sends Another Case to Arbitration-Babcock v.

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Pursuit in Series or Parallel?

DuetsBlog

Almost forty years ago, that question prompted me to rethink my engineering path after three semesters, knowing an electronic circuits lab awaited my fourth. Over winter break, thumbing through the University of Iowa catalog in my dad’s office, looking for an alternative, I happily discovered the pharmacy curriculum. Had I known that law school would follow pharmacy school , perhaps a few years could have been saved in the serial approach to my 80s educational decade.

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Watch Now: Trademarks for the Generalist In-House Counsel

Trademark and Copyright Law Blog

Watch Now. ?. Trademarks – or brands – can be among a company’s most valuable assets. Some companies have enormous marketing departments focused on branding, while others have a single social media intern, but every company that provides goods or services is branding them somehow. Whether it’s your company name, specific product names, a logo, or something more unique, your business probably owns at least one trademark – though lawyers and laypeople alike often don

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Parents Face New Custody Conundrums in Midst of COVID-19 Pandemic

GDB Firm Blog

One of the effects of COVID-19 has been a sharp increase in child custody disputes in New York and across the country. As issues related to custody and parental access escalate, so do long-lasting and unintended implications for parents, children, and their caregivers. Courts across the country have begun grappling with these issues even as they have been partially closed due to the pandemic, and we anticipate that they will continue to do so now that the court system has started reopening.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Schemes, Policies And Programmes For Patent Facilitation

IIPRD

INTRODUCTION. With the advent of the intellectual property regime in India, Central Government and State Government both have initiated schemes, policies, and programs for increasing awareness for Intellectual Property Rights (IPRs) and extend assistance to the educational institutions, government organizations, start-upsets in protecting their intellectual property work across the country.

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New Guidelines for Reopening Businesses

GDB Firm Blog

As businesses reopen, they need to be thoughtful about the safety measures they take to lessen the spread of the virus. The Centers for Disease Control and Prevention ("CDC") has recently issued new Guidelines for all businesses, as well as considerations specific to particular types of businesses and industries, including, special CDC Restaurant Guidelines, CDC Construction Worker Guidelines, and CDC Housing Facility Guidelines.

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?Booking.Com, A Historic Livestream On The Future Of Trademark Protection

GDB Firm Blog

In a historic first, on May 4, 2020, the U.S. Supreme Court heard oral arguments via livestream in U.S. Patent and Trademark Office v. Booking.com B.V. At issue in this case is the level of trademark protection, if any, that "booking.com," an otherwise generic term, will be afforded.

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SBA Creates Safe Harbor Protecting Many PPP Loan Borrowers

GDB Firm Blog

This morning, May 13, the SBA issued interpretive guidance Q&A No. 46 which addresses an important component of the application process and provides substantial protection for PPP loan borrowers.

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New York City Is Re-Opening And So Is Its Real Estate Industry… Slowly

GDB Firm Blog

Governor Cuomo has recently announced the phased re-opening of New York State. However, we must hold our excitement as many obstacles must be overcome before the real estate industry is fully functional again. The re-opening of New York State is dependent upon multiple factors listed by Governor Cuomo.

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When Are NYC Courts Fully Opening For Business?

GDB Firm Blog

On Monday, the New York State Unified Court System will take a substantial step to reopen the court system in New York for non-essential matters.

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Attorneys Jay Hack and David Azrin answer questions about unemployment and small businesses on News 12

GDB Firm Blog

GDB attorneys joined News 12's Elizabeth Hashagen to answer questions about unemployment, small businesses, and going back to work.

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Artificial intelligence and intellectual property rights: the USPTO DABUS decision

Barry Sookman

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. In the meantime, the USPTO just released a decision denying the application for a such a patent holding that under the U.S. patent law, 35 USC §§ 1 et seq. an inventor must be a natural person.