Copyright Doesn't Last Forever: Sherlock Holmes and the Public Domain
The Seventh Circuit Court of Appeals has recently affirmed a decision stating that many of the older Sherlock Holmes stories by Sir Arthur Conan Doyle are in the public domain. The court held that just because later versions of a character are still protected by copyright, does not mean that the copyrights in those earlier stories continue to exist beyond the copyright term. The Doyle estate argued that the later stories added to the "complexity" of the characters and should provide some measure of protection. Read More ›
Categories: Copyright
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Trade Secrets: The Big Thing for Tech Companies
What do Google and WD-40 have in common? They can both attribute their continued success to trade secrets. It may be relatively easy to build a search engine or an aerosol can that sprays lubricant, but it is practically impossible to replicate the success of Google and WD-40. The two companies do not have patents on their products, precisely because that would require public disclosure of how to produce the product that has made them so successful. The benefit of a trade secret is that it continues in perpetuity. Coca-Cola's trade secret for its formula is over 120 years old. If Coke had decided to patent its formula instead, the patent would have expired over a century ago and the company would not be the giant it is today.
In order to qualify as a "trade secret," the information must have economic value and must be kept confidential by the company. This can be done through legal documents, compartmentalizing information, physical and digital security, and enforcement actions against leakers of information. Tech companies should consider the use of trade secrets if a product is one that is not easy to develop independently. Software code and chemical formulas are two prime candidates. Importantly, trade secrets are governed by state law, which can vary as to confidentiality requirements. Read More ›
Categories: Intellectual Property, Patents, Trade Secrets
Design Patents
It is time that we talk about design patents. Generally, when I mention design patents to potential clients, they invariably protest that they have an “invention” and not a “design.” However, most “inventions” at least contain ornamental elements that have the potential for design infringement in the marketplace. In those cases, pursuing a design patent, by itself or in combination with a utility application, can be an effective and affordable way to secure valuable intellectual property protection.
To help you decide if a design patent might be right for you, I have devoted this post to answering the most common questions I get regarding design patents. Read More ›
Categories: Intellectual Property, Patents
Beware of the Statutory Bars
So you had one of those “Eureka!” moments a while ago and your epiphany is going to make millions as soon as it hits the shelves. This blog is about making sure you don’t lose your right to patent that million dollar idea by waiting too long to file a patent application.
Generally, an invention can only be patented if a patent application is filed within one year of the invention's first disclosure. A public disclosure can take the form of: 1) a publication, 2) a public use, or 3) an offer for sale. In the patent world, these events are called the statutory bars because they bar you from filing a patent on the idea if one year has elapsed since the event. Read More ›
Categories: Intellectual Property, Patents
The Importance of IT Contract Review
Technology is increasingly becoming an essential component of all industries. This is especially true for the health care industry. As health care providers continue to increase their use of technology, they are asked more and more frequently to enter into software or other IT contracts. Before entering into a contract, no matter the industry, you should always have an attorney review the document.
Learn more about IT Contract Review for health care providers on our Health Care Law Blog here.
Are you interested in IT Contract Review for another industry? Contact one of our technology attorneys to help you review your agreement before you face unexpected problems or unwanted liability.
Categories: IT Contracts
Provisional Patent Applications
I get a lot of questions from clients about “provisional patents." Let me just start this blog by clarifying once and for all that there is no such thing as a “provisional patent” anywhere in the Patent Act. However, since 1995 the USPTO has offered inventors the option of filing a provisional patent application under §11(b) of the Patent Act. Provisional applications have some interesting advantages of which you should be aware. Read More ›
Categories: Patents
Bitcoin Update
The IRS has warned that virtual currencies, such as Bitcoin, are to be treated as property and not as currency for tax purposes. Read this latest Bitcoin update on our tax blog.
Want to learn more about Bitcoin? Check out this blog post from November on what it is and where it is going.
Categories: E-Commerce
PART 3: New Michigan Law Permits Intrastate Crowdfunding
Part 1 and 2 of this series discussed the basic requirements that must be met to utilize Michigan’s new intrastate crowdfunding exemption.
This post will discuss the definition of an “accredited investor.” The distinction between accredited and non-accredited investors is important. Non-accredited investors cannot invest more than $10,000 under Michigan’s new intrastate crowdfunding exemption. Accredited investors, on the other hand, are not subject to the $10,000 investment cap. Read More ›
Categories: Crowdfunding, Venture Capital/Funding
Hydraulic Fracturing Fluid = Trade Secrets
The toxic cocktail of chemicals in a company’s hydraulic fracturing fluid – much like Coca Cola’s secret recipe - is a trade secret.
Fracking involves pumping water, chemical fluids and sand underground into rock formations to fracture the rocks; the granular sand keeps the cracks open, thereby allowing the release of oil and natural gas from the fractured created rock veins. Read More ›
Categories: Trade Secrets
YouTube Video Admitted as Character Evidence in Murder Case
Did you know that the YouTube video you just posted may be used in court to determine your character? In a Delaware case, Gallaway v. State, a video of a man using mouthwash as a decongestant may have been the difference for the jury, which found him guilty of murdering his daughter. The father claimed he was performing stretching exercises with his daughter when she slipped and fell on the floor. A few days after the fall, she died from suspected non-accidental trauma. Read More ›
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