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Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations ' keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization ' such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
How to Invalidate Your Own Patent Without Really Trying
While patent counsel often repeat as a mantra ' 'do not disclose the invention prior to filing a patent application' ' employees do not always follow this advice. Participation in standards organizations, especially technical participation in a working group, may tempt participants to divulge the company's recent innovations. This disclosure, which may be documented in the working group meeting notes, starts the one-year countdown to placing a patent application on file in the United States. See 35 U.S.C. '102(b). Other countries, including many in Europe, are not so lenient, and disclosure of the innovation prior to filing the patent application can completely bar an inventor from obtaining foreign patent rights.
Spurred By Data Breaches, CLOs Are Increasing Cybersecurity Leadership Role
Chief information officers still bear the brunt of cybersecurity worries at many companies. But a study by the Association of Corporate Counsel Foundation finds that chief legal officers are increasingly taking a leadership role in cybersecurity strategy.
GCs Want to Tap Into AI But Lack Roadmap, Report Shows
General counsel are eager to tap the promise of generative AI. But without clear technology road maps, many legal departments are struggling to turn that interest into action.
Is Google Search Dead? The Key to Thriving In an AI-Driven World
Part Two of this two-part articleexamines practical steps marketers must take to succeed in this changing landscape by embracing a multichannel, AI-driven approach to their marketing and PR efforts. This means rethinking your strategy to build direct connections with your audience, using platforms that elevate your visibility and focusing on storytelling that resonates.
Shifting Crypto and Cyber Enforcement Priorities In SEC
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
Seventh, Ninth Court Rulings Tighten Reach of Federal Video Privacy Protection Act
The VPPA may be nearly four-decades old and video-rental stores largely a thing of the past, but the rise of online content, streaming services and ancillary activities has brought with it frequent litigation based on the VPPA. The key challenge in these litigations is how to interpret the VPPA’s 1980s terms in light of today’s digital advances.