patent

Amazon Wristband Patents Await Potential Legal Challenges

Earlier this year, the U.S. patent and trademark office (USPTO) issued two patents to giant online retailer Amazon (“Amazon Patents”) for wristbands that are able to locate users’ hands and control and direct their movements. Specifically, the technology of the Amazon Patents determines the position of user’s hands relative to storage bins used for storing…

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EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

In a recent, game changing decision, European Union’s highest court (EU High Court) has ruled that Christian Louboutin’s famous red sole shoes are eligible for protection as a trademark. This article discussed the significance of the decision and the opportunity it provides U.S. fashion designers to promote and protect their color brands in the European…

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Amazon patents blur human-robot lines

Amazon’s recent success in obtaining two U.S. patents (9,881,276 and 9,881,277) for wristbands, capable of controlling employees’ hands and directing their actions, has raised fundamental legal and even constitutional questions about government authority to authorize and enforce inventions. Thus, potentially redefining the relationship between humans and technology by effectively treating people as robots. The looming…

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What is the ‘Right of Publicity”?

Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued…

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Homemade Inventions Deserve Patents, Too

In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or…

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Using Patents to Establish Brand

Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time.  And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business,…

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Patenting Software/Mobile Application

As of 2017, there are about 2.8 million of mobile applications on Google Play, and 2.2 million on Apple App Store according to Statista (https://www.statista.com/statistics/276623/number-of-apps-available-in-leading-app-stores/).  There is no doubt that the number will keep increasing in the following decades, and software developers who want to try to apply patent for their mobile apps will increase…

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Maintaining Your Patent Right, Trademark Right and Copyright

Patent, trademark and copyright are all part of intellectual property right.  However, the way to obtain and maintain these rights differs from each other.  Because many clients have been confused by it, I think it would be helpful to provide a quick summary about their differences. Obtaining the Right To obtain a trademark right, the…

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Protecting Jewelry Designs

Sales of Jewelry have been soaring over the past decade, with worldwide sales in 2016 totaling over US$300 billion dollars.  Helped by instant world-wide access provided by Social Media, many jewelry designers have found themselves on the short end of the stick when their designs are pilfered.  This article addresses various intellectual property tools that…

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A Product Not on the Market Does Not Mean It Is Patentable for Certain

Many people are convinced that they will receive patent for their product simply because currently no one has made and sold the same product on the market.  Unfortunately, that’s not always the case.  While it may be a good indication that a product is novel if no one else is making/selling it, it is not…

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