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A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.
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With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
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The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.
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This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.
Features
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
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Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
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The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
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Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
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Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?