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INNOVATE Magazine

INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.

The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the views or positions of AIPLA.

Articles

In This Section

  • H Lutz - Headshot square100x100 Federal Circuit Holds that Multiple Colors on Product Packaging Can Be a Trademark without Evidence of Acquired Distinctiveness

    Written by Hannah Lutz on July 10, 2020

    Setting up a possible showdown at the Supreme Court, the U.S. Court of Appeals for the Federal Circuit recently ruled on a matter of first impression: whether a mark on product packaging consisting of multiple colors unbound by any peripheral shape can be considered inherently distinctive and therefore registered without evidence that it has acquired distinctiveness (i.e., secondary meaning as an indicator of the source of the product).
  • Huang George headshot Patent Eligibility of AI Technology Inventions in Taiwan and Analysis of Filing Strategies

    Written by George J. H. Huang on July 10, 2020

    With the continuous development of artificial intelligence (AI) technology, the number of AI-related invention patent applications is increasing rapidly. However, given that AI-related technology is easily to be deemed as an “abstract idea” and lack of technical character, how to write patent eligible AI-related patent applications has become an important issue.
  • Pak Mayya Headshot square 100x100 Eurasian Patent Organization to Introduce Eurasian Design Patents

    Written by Mayya Pak on July 10, 2020

    On September 9, 2019, the Eurasian Patent Organization (EAPO) member states adopted the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, introducing the Eurasian system of protection for industrial design patents, along with the already existing regional protection for inventions.
  • Kudoyar Olga Headshot square 100x100 Ukraine Amends GI Law

    Written by Olga Kudoyar on July 10, 2020

    Amendments to the Ukrainian Law on Geographical Indications were adopted on September 20, 2019 and entered into force on January 1, 2020. The changes brought the Ukrainian law in line with Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
  • Bowen Heather Headshot 100.140 Trademark Due Diligence In M&A Transactions

    Written by Heather Bowen on April 20, 2020

    Trademarks have particularly high intrinsic and extrinsic values to entities. Because of that, attorneys must be vigilant in their due diligence review of trademark portfolios when clients enter into a merger with or acquisition of another entity.
  • COURAGE Noel headshot 100.143 Risk of Electronic Device Search For Patent Attorneys and Inventors Crossing the US-Canada Border with Confidential Information

    Written by Noel Courage on April 20, 2020

    This article will discuss the broad powers of search of electronic devices held by US and Canadian border officials.
  • Sengupta S Headshot 100.150 Corporate Marketing Department, Narrow Product Claim and Fox Factory, Inc. v. SRAM, LLC

    Written by Shubhrangshu Sengupta on April 20, 2020

    A recent precedential Federal Circuit decision in In re FOX Factory Inc. v. SRAM LLC, Fed. Cir., No. 18-2024 (Dec. 18, 2019), In re Fox has some takeaways for corporate marketing teams, and serves as a reminder to patent practitioners on the value of including at least one narrow patent claim in your patent application almost exactly covering a product that is, or is likely to be, commercially successful.
  • Trivedi Jatin Headshot 100.126 Dawn of Blockchain Technology in the Indian Patent Regime

    Written by Jatin Trivedi on April 20, 2020

    Digital technologies are doing for the information revolution what the steam engine and related technologies did for the Industrial Revolution. Digital technologies are opening up new information frontiers with unprecedented speed.
  • Oswald Lynda Headshot The 50th Anniversary of E.I. DuPont deNemours &Co. v. Christopher

    Written by Lynda J. Oswald on April 20, 2020

    July 20, 2020 will mark the fiftieth anniversary of E.I. DuPont deNemours & Co. v. Christopher, the famed industrial espionage case
  • Leitao Barbara Headshot 100.150 My Experience as an Intern at the AIPLA

    Written by Barbara Angela Leitao on April 20, 2020

    As an international LL.M. student in Washington, DC, any experience can be really challenging.
  • Robert Stoll Can We Get An Administration Standard On Tech Standards?

    Written by Robert Stoll on December 12, 2019

    Standard Development Organizations facilitate the development of complex technology standards that, in turn, promote interoperability, efficiency and innovation for consumer products. 5G, a well-known telecommunication standard, will change the world by stimulating diverse innovations and new consumer products that rely on cutting-edge technology contributed to this open standard.
  • Thomas Young and Dominic Keating USPTO’s IP Attaché Program

    Written by Thomas Young and Dominic Keating on December 12, 2019

    The USPTO’s IP Attaché Program can be a valuable resource for U.S. businesses and legal practitioners who are experiencing problems with protecting their IP rights abroad or who are considering entering a foreign market.
  • Heather Bowen Incorporating Intellectual Property Rights In SaaS Agreements

    Written by Heather Bowen on December 12, 2019

    Businesses need a number of different commercial contracts to operate effectively. Savvy business leaders often seek to move forward and drive success by using information technology software provided under Software as a Service (SaaS) agreements. SaaS software is licensed by providers to customers on a subscription basis. SaaS providers maintain and host the software themselves (or through a third party vendor) and grant the customer access to the software via the internet.
  • Slobodan Petosevic Russia Introduces GI Protection

    Written by Slobodan Petošević on December 12, 2019

    The Russian law introducing geographical indications (GI), which passed its first reading in July 2018, was recently signed by the Russian President and officially published on July 26, 2019. It will enter into force one year after publication, on July 27, 2020, except for the provision regarding liability for illegal use of a GI symbol alongside an unregistered GI. This provision will come into effect on July 27, 2024.
  • Yitzchak Besser Defining a Claim: How Design Patent Drawings Can Strengthen or Spoil Your Application

    Written by Yitzchak Besser on December 12, 2019

    The right drawing in a design patent application refines the scope and definition of an applicant’s claim. Using an inadequate, indefinite, or unclear drawing can result in a loss during litigation over patent infringement.
  • Dr Mohan Dewan Food Sculptures and the Art of it

    Written by Dr. Mohan Dewan on December 12, 2019

    First impressions are most certainly lasting impressions. This proverb is applicable to a lot of things, but it has new-found importance in the food and hospitality industry. A dine-out evening at a restaurant not only involves food that is ‘healthy and tasty’, but also food that looks beautiful and is plated in some intriguing manner.
  • Heather Bowen Cease and Desist Letters: Standing Against Trademark Infringers

    Written by Heather Bowen on December 12, 2019

    A trademark protects a word, phrase, symbol, slogan, and/or device that identifies and distinguishes the source of the goods or services of one owner from the goods or services of others in the same industry. Trademarks are federally registered with the United States Patent and Trademark Office (USPTO) and are governed by the Lanham Act, 15 U.S.C. §§ 1051 et seq. Federal registration with the USPTO gives a trademark owner exclusive ownership of its trademark and the right to use the mark in commerce. Even where a trademark owner has not federally registered its mark or if the trademark registration has expired, a trademark owner may have common law rights in the trademark in the geographic area in which the mark is being used.
  • Slobodan Petosevic New Trademark Law Enters into Force in Turkmenistan

    Written by Slobodan Petošević on December 12, 2019

    A new Law on Trademarks entered into force in Turkmenistan on June 19, 2019, introducing important changes and clarifying the trademark registration procedure.
  • Gregory Rabin Patenting Machine Learning Inventions for Companies Outside the Software Industry

    Written by Gregory Rabin on October 4, 2019

    The use and development of artificial intelligence and machine learning technology is spreading from niche Silicon Valley software companies to almost all innovative businesses, including those outside the traditional software field. Stitch Fix CEO Katrina Lake recently said: “In 10 years, every ‘relevant’ company will be a tech company.” As such, a strategy for inventing and using machine learning technology, and for generating IP based on the inventions, is essential to non-software companies.
  • Hayley Ostrin The International Trade Commission’s New Severance Rules: Secret Weapons or Double-Edged Swords?

    Written by Hayley Ostrin on October 4, 2019

    The International Trade Commission (“ITC” or “Commission”) provides a forum for unfair import investigations (“Section 337”). Section 337 investigations allow entities with a domestic industry to obtain exclusionary relief against imported products that either infringe intellectual property rights or take advantage of unfair trade practices.

 

 

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