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Patent |
This information was prepared to enlighten engineers, programmers, researchers, and managers as to the fundamental concepts of intellectual property. An effort has been made to compile this information free of legalese and citations, and it is intended to afford at least a cursory understanding of this highly complex area of the law.
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A Brief Primer On Intellectual Property:Patents, Trademarks, Copyrights, And Trade Secrets |
| Scott A. Horstemeyer, Sunday, December 8, 2002 |
This document was prepared to enlighten engineers, programmers, researchers, and managers as to the fundamental concepts of intellectual property. An effort has been made to compile this information free of legalese and citations, and it is intended to afford at least a cursory understanding of this highly complex area of the law.
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Letter to First Time Inventors |
| George M. Thomas, Monday, June 14, 2004 |
The first time inventor who creates an invention that is not owned by the inventor's company oftentimes needs information concerning how to protect his/her invention. The purpose of this memo is to provide an outline of the usual steps taken to obtain a U.S. patent for an invention.
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IP Law for the GP Lawyer |
| Jim Kayden and Jennifer Gruber, Wednesday, June 1, 2005 |
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Manual of Patent Examination Procedures |
| Wednesday, January 1, 2003 |
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Claim The Web Page Itself |
| Jeffrey R. Kuester, Wednesday, November 1, 2000 |
Can you claim a web page without claiming a method or apparatus for making or displaying it? If so, why would you want to do that? If you have not asked these questions, you may be missing out on enormous opportunities.
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What Type of Patent do I Need? |
| Jeffrey R. Kuester , Tuesday, January 28, 2003 |
Today, there are at least three basic types of patents available: utility, design, and plant patents. The two most common types are design patents and utility patents.
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When Should I File a Patent Application? |
| Jeffrey R. Kuester , Tuesday, January 28, 2003 |
Generally speaking, the first inventor of a claimed invention has the sole right to file for and receive a patent in the United States. However, there are certain deadlines which an inventor must meet in order to avoid loss of patent rights.
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Patentability Searches? |
| Jeffrey R. Kuester , Tuesday, January 28, 2003 |
It is generally recommended that, prior to the filing of a patent application, a patentability search be conducted of the U.S. Patent Office records in an effort to determine the probable patentability of a particular invention.
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Legal Intelligence - Managing Your Intellectual Property |
| Jeffrey R. Kuester, Sunday, April 1, 2001 |
Thomas, Kayden, Horstemeyer & Risley, LLP team up with InteCap for a Roundtable Discussion
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Legal Intelligence - Managing Your Intellectual Property - TEXT ONLY |
| Jeffrey R. Kuester, Wednesday, February 12, 2003 |
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Peripheral Claiming System Erosion: Why Draft Claims Anymore? |
| Jeffrey R. Kuester and Robert A. Blaha, Wednesday, February 12, 2003 |
The scope of protection provided by a patent has been severely curtailed by a number of recent decisions from the U.S. Court of Appeals for the Federal Circuit (CAFC). While these decisions bode well for potential infringers, they offer virtually no protection to the patent owner beyond the specific embodiments disclosed in the specification. Additionally, these decisions provide little guidance to patent owners in infringement analyses. Hence, the patent attorney is now required ...
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Risks Associated with Restricting Business Method and E-Commerce Patents |
| Jeffrey R. Kuester, Wednesday, February 12, 2003 |
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"Palsgraffing" Patent Law: Foreseeability and the Doctrine of Equivalents |
| Andrew C. Greenberg & Jeffrey R. Kuester, Tuesday, March 31, 1998 |
At least one panel of the Federal Circuit has announced that the foreseeability of a variation of an invention may bear on an infringement analysis. The Federal Circuit appears to have introduced into patent law the notion that certain findings of foreseeability must be determined by a court as a precondition to reaching the questions of fact that may give rise to liability under the Doctrine of Equivalents.
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Preparing Patent Legal Opinion |
| Todd Deveau & Miles Hall, Monday, July 14, 2003 |
Contrasting the Federal Circuit's holdings in the recent Critikon and Westvaco cases shows those factors that the Federal Circuit would like to see addressed and analyzed in a non-infringement or freedom to operate opinion. Further, analysis of the Westvaco holding shows that an opinion which is considered flawed, because it does not provide a detailed discussion of a particular issue, such as prosecution history or doctrine of equivalents, may nonetheless be considered competent should a review of the letter as a whole provide sufficient objective evidence to justify an accused infringer's reliance on the opinion.
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USPTO Enacts New Amendment Format |
| Glenn Brown, Monday, September 22, 2003 |
Effective July 30, 2003, the United States Patent and Trademark Office (USPTO) will enact changes to 37 CFR §1.121(b), (c) and (d) and insert 37 CFR §1.121(h) to revise the manner in which amendments are made in a patent application.
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Flow Chart - Trademark Application Statement of Use |
| Cynthia Lee, Wednesday, October 4, 2006 |
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The Supreme Court Takes The Confusion Out Of The "Fair Use" Doctrine |
| Jennifer M. Gruber, Thursday, January 6, 2005 |
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A Glance At The MADRID PROTOCOL |
| Jennifer M. Gruber, Wednesday, November 5, 2003 |
The Madrid Protocol is a treaty that provides for the international registration of trademarks and service marks in multiple countries through one application, filed in one language that results in one registration. Owners of registrations in member countries will be able to file an international application in the United States Patent and Trademark Office ("USPTO") designating Madrid Protocol member countries in which the applicant would like to obtain trademark protection as early as November, 2003.
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What Marks Are LIKELY TO CAUSE CONFUSION? |
| Jennifer M. Gruber, Wednesday, November 5, 2003 |
It is clear that similar, or even identical trademarks, can co-exist in society (e.g. DELTA for airline services, and DELTA for faucets), so when are two marks likely to cause consumer confusion?
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The Generic Term |
| Jennifer M. Gruber, Thursday, October 23, 2003 |
No single person or entity can own the trademark rights in a generic term. But what is a generic term really? How can a term be generic in one sense (such as "apple" for fruit) and a trademark in another application (APPLE for computers)? The answer lies in the perspective from which the mark is analyzed.
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How To USE TRADEMARKS PROPERLY |
| Jennifer M. Gruber, Thursday, October 23, 2003 |
Owning a trademark comes with some responsibility. In exchange for the right to exclude others from using a mark, the owner must ensure that the mark will indicate to the consuming public consistent quality and source of the goods/services with which a mark is associated. Once rights in a mark are established, either through obtaining a federal registration or through use of the mark in commerce, the owner must KEEP those rights. Failure to use a mark properly or to prevent others from using a mark improperly or in an infringing manner can result in a mark owner's loss of rights.
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What makes a good TRADEMARK? |
| Jeffrey R. Kuester , Saturday, January 1, 2000 |
The nature of the particular terms used as a Trademark or Service Mark (collectively referred to herein as a "Trademark") is extremely important from the standpoint of (1) initial registrability and (2) lasting viability of the mark
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How do I obtain a TRADEMARK? |
| Jeffrey R. Kuester, Tuesday, January 28, 2003 |
Under current U.S. law, it is not necessary to actually use a mark before a person can file for federal registration of the mark; however, it is necessary to use the mark before registration can be granted.
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What is an Intent-to-Use TM Application? |
| Jeffrey R. Kuester , Tuesday, January 28, 2003 |
Current U.S. law provides for the filing of trademark applications to protect (or reserve) trademarks which are not yet in use. The law will allow for filing of a trademark application, with the benefit of constructive use and priority, based upon the bona fide intent to use a mark.
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U.S. Lanham Act |
| Wednesday, January 1, 2003 |
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Letter to First Time Trademark Owner |
| George Thomas, Friday, February 24, 2006 |
General description and information about registering a trademark.
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Introduction to Trade Secrets |
| Tuesday, January 28, 2003 |
Misappropriation of trade secrets, or technical "know-how", is actionable under state law as a tort and as unfair competition. A trade secret is basically business information which has been maintained confidential and which has value in the industry in that the information is not generally known and would be difficult to obtain by competitors.
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Trade Secret Home Page |
| Wednesday, January 1, 2003 |
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Presentations |
Prosecution and Litigation related presentations prepared and presented
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2005 Georgia IP SpringPosium |
| Wednesday, March 2, 2005 |
The 2005 Georgia IP SpringPosium will be held Friday, April 29 through Sunday, May 1, 2005. For more information, click on the link below.
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Legal Associations and Organizations |
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American Intellectual Property Law Association |
| Wednesday, January 1, 2003 |
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American Bar Association Home Page |
| Wednesday, January 1, 2003 |
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Association of Patent Law Firms (APLF) |
| James W. Kayden, Secretary, Monday, April 14, 2003 |
The APLF is a national association of law firms that devote a majority of their practice to patent law. The firm is a member, with one of its attorneys currently serving on the APLF Board as Secretary.
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Atlanta Bar Association |
| Wednesday, January 1, 2003 |
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Computer Law Section of the Georgia Bar |
| Wednesday, January 1, 2003 |
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Intellectual Property Law Section of the Georgia Bar |
| Wednesday, January 1, 2003 |
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State Bar of Georgia |
| Wednesday, January 1, 2003 |
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U.S. Supreme Court |
| Wednesday, January 1, 2003 |
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Search U.S. Supreme Court Syllabi |
| Wednesday, January 1, 2003 |
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Federal Circuit Court of Appeals |
| Wednesday, January 1, 2003 |
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3rd Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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4th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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5th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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6th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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7th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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8th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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9th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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10th Circuit Court of Appeals Cases |
| Thursday, February 20, 2003 |
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11th Circuit Court of Appeals Cases |
| Wednesday, January 1, 2003 |
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Firm Resume |
| Thomas|Kayden, Monday, October 31, 2005 |
A brief description of the persons at Thomas|Kayden
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Kuesterlaw.com |
| Jeffrey R. Kuester, Wednesday, January 1, 2003 |
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I/P Updates Intellectual Property Blog |
| Bill Heinze, Wednesday, January 26, 2005 |
Thomas|Kayden's "Bill Heinze writes the IP Updates Blog, a comprehensive and regularly-updated analysis of developments at the USPTO, in the US courts and in Congress. It repays careful reading, as many of the blogs are rich in detail and abundant in links. Unusually for a blog, the layout gives this site a feeling of authority and tradition," Managing Intellectual Property, December-2004 / January-2005.
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The Southeast Technology Expo |
| Monday, March 1, 2004 |
The Southeast Technology Expo, a showcase of emerging technologies from across the Southeast, has been created in order to forge new partnerships between universities and industry.
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