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Carstens, Allen & Gourley LLP, Author at Carstens, Allen & Gourley - Page 4 of 5

C&C Insights: by Author

Carstens, Allen & Gourley LLP

Trademark Basics: What’s in a Name?

by Mandy K. Jenkins

Is the name of a new business or product really that important to its success?  As Shakespeare would say, “that which we call a rose by any other name would smell as sweet.”  No offense to Shakespeare, but most people would agree that when starting a new business or launching a new product, the name is very important.  The name gives people a first impression and is associated with the product or business forever.  So choosing the right name is paramount.  When deciding upon the name for a new company or product, you want to select a name that can be protected as a trademark, ensure your chosen name will not infringe another’s trademark, and take the proper steps to protect your trademark.

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Patent Filers: No More Swearing

By Yon S. Sohn, as featured in The Texas Lawbook

New Year’s resolutions are made to be broken. But on March 16, the America Invents Act (AIA) will come to aid inventors and corporate R&D departments to keep their resolution to not swear anymore.

Of course, we are not talking about profanity but rather the practice known as “swearing
behind” or antedating the date of invention when procuring a U.S. patent. But first, let us cover a little background before further discussing this no-more-swearing law.

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USPTO Announces Dallas Satellite Office Location

By Yon S. Sohn

Today, the U.S. Patent and Trademark Office (USPTO) announced the site of its Dallas Regional Satellite Office. (See the official press release here.) It is to be located in the Terminal Annex Federal Building on Houston Street, south of the Dealey Plaza, and it will be in the heart of the Dallas’s legal epicenter with George Allen Courthouse as its next-door neighbor.

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Procedures for Opposing Issuance of Patents

By Yon S. Sohn

One of the new features of the AIA is the Post-Grant Review (PGR), often referred to as a third-party opposition. PGR allows any party to challenge any new or reissue patent.

Starting with patents issued having a filing date on or after March 16, 2013, an opposer will have a nine-month window to submit to the Director of the Patent Office a petition to cancel one or more claims on the basis of invalidity. Compared to ex parte or inter partes reexaminations previously available, PGR allows a broader scope of information to be used as evidence, including patents, printed publications, commercial sales, and public use.

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Need for Speed? – Think Prioritized Examination

By Bobby W. Braxton

If asked how quickly would you like obtain a patent, most inventors would reply “now.”  Unfortunately, due to a large back-log at the USPTO, applications often wait two or more years before they are even examined by an Examiner. The America Invents Act now provides for Prioritized Examination (“P.E.”), which can significantly reduce the wait.

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AIA Rolls Out New “Virtual” Patent Marking Provision

By Zach W. Hilton

U.S. patent law has long required that patent owners and any licensees mark products they sell with the patent number of any patents covering such products in order to recover pre-suit damages resulting from infringement.  Until the passage of the America Invents Act (“AIA”), compliance with the patent marking statute required that a list of patents appear on a covered product itself, although it was sometimes sufficient to mark the product packaging.  In either case, compliance with the marking statute led to increased manufacturing costs as it was often necessary to retool product molds and/or redesign packaging as additional patents were deemed to cover a product or as patents expired.  The end result was that patent owners were placed at a competitive disadvantage.

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Sue the B**##@*S!: Jury Selection

Part 2: The Jury (It’s Not a Jury of Your Peers)

By Chris Kilgore

In the first part of this series, we noted the particular challenge of trying a complex or technical case before a jury.  This is an important consideration because, even though trial may not be the end game, litigation matters can sometimes take on a life of their own.

The phrase “jury of your peers” arises from the Magna Carta (1215).  At the time, it meant persons who actually knew the parties, the facts, or had the duty to discover the facts.  The concept of the jury trial as it was understood by the Founding Fathers was intended as another check on government power.  While the jury may work well in that role, the advent of tort litigation around the turn of the 20th Century and cases of ever increasing complexity has put new strains on the efficacy of the jury system.

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The USPTO Count System: Using the Count-Carrot to Your Advantage

By Bobby W. Braxton

Everyone knows that there are times that are better than others for obtaining good deals.   One of the best times to buy a new car is at the end of the month when the car salesman is desperately trying to reach his or her quota for the month. Better deals can be had on retail items after the holiday season. Likewise, there are times when it is better to negotiate with the United States Patent and Trademark Office (USPTO) during the prosecution of a patent.

A patent examiner’s perfor

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The Evolving Effect of Working Requirements in Foreign Jurisdictions

By Amanda K. Jenkins

The patent rules of many foreign jurisdictions contain working requirements. A working requirement is the requirement that, after a certain number of years, the patented invention be worked on a commercial scale in the country. The effect of these requirements has evolved in the last few years in many countries due to amendments to their patent laws.

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