2012

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A Strategy To Speed Up The Prosecution Of Older Cases

Patentably Defined

The USPTO’s Manual of Patent Examining Procedure (MPEP) includes many interesting but somewhat obscure provisions. One of the more useful examples of these provisions is § 707.02. Section 707.02 of the MPEP essentially imparts “special” status to older cases and cases in which a third Office action has been issued. Special status gives an application priority on an Examiner’s docket.

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HathiTrust Decision Summary

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In September 2011, the Authors Guild, various international authors' rights organizations and one dozen individual authors sued HathiTrust, Cornell, and the presidents of the universities of Michigan, California, Wisconsin and Indiana, claiming that HathiTrust's online storage, searchability and public availability of a digital corpus developed as part of the Google Books scanning project constituted copyright infringement.

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What To Do When An Applicant’s Entity Status Changes During Prosecution

Patentably Defined

INTRODUCTION. Applicants who qualify as small entities as defined by 37 CFR 1.27(a) enjoy a 50% reduction in most government fees. And, in most cases, a small entity applicant remains a small entity throughout the prosecution of an application. This is not always the case, however. Through growth, acquisition, or sale, it is not uncommon for a small entity applicant to no longer meet the requirements for small entity status.

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Information Policy and The Red Herring of a Media-Tech Industry War

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In an article published earlier this year, University of Wisconsin-Milwaukee professor Sandra Braman defined “information policy” as positions and practices that concern the creation, processing, flows, access and use of information. The term certainly includes content, much of which is subject to protection under this nation’s Copyright Act, and the telecommunication pipes through which that […].

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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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Occupy Copyright

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“I’m as mad as hell and I’m not going to take this anymore!’ Things have got to change. But first, you’ve gotta get mad!” — Howard Beale, Network (1976) 2011 will be known as the year of the occupation, with Occupy Wall Street being the most recognizable of the protest movements. Started in September in […].

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Decision Summary: Publishers v. Georgia State University

Copycense

This article discusses the impact of a the recent federal district court decision [pdf] that, for the first time, provides colleges and university with some guidance on the use of copyrighted works for instructional purposes. Case Summary In April 2008, Cambridge University Press, Sage Publications and Oxford University Press sued officials at Georgia State University […].

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The Analogous Art Requirement and How to Traverse Obviousness Rejections Based on Non-Analogous Art

Patentably Defined

INTRODUCTION. The provisions of 35 U.S.C. § 103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to possess ordinary creativity and to be aware of all prior art in his field of endeavor, as well as prior art that is relevant to the problem addressed by the claimed inventio

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The Coming Copyright Clash in Higher Education

Copycense

Colleges and universities, however, have a major trump card to play to reduce the costs of higher education: they can reverse their longstanding custom against claiming work made for hire status. Instead, they could claim copyright ownership in scholarship as a way to avoid the scholarly publications crisis, and at once, justify this policy change as a way to cut the costs of education.