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

C&C Insights: by Author

Carstens, Allen & Gourley LLP

Leveling the IP Field For Minorities

By Celina M. Orr

Although minorities have grown to recognize the rewards of the legal profession,
intellectual property law continues to be under-represented. Intellectual property (patents, trademarks, copyrights, and trade secrets) plays an important role in an increasingly diverse range of areas, from literature and the arts to genetic engineering. Yet there is a relatively small pool of diverse attorneys in the practice of intellectual property (IP) law.

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Strengthening Your Patent Portfolio Through Reexamination

By Zach W. Hilton

In recent years, the United States Patent and Trademark Office (“PTO”) has been plagued with a substantial backlog of pending patent applications awaiting examination. The PTO reports that it now takes a little over two years on average to provide an applicant with a first office action. As a result, the PTO has been under increased pressure to accelerate the examination process.

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Pirates of the Twenty-First Century – Tips for Fighting Back Against Counterfeiting

By Zach W. Hilton

Worldwide Counterfeiting Epidemic

Over the course of the last couple of decades, the counterfeiting of almost every conceivable product has become endemic worldwide.  While thought of as harmless by many, the massive amount of trade currently occurring in counterfeit products can often lead to disastrous consequences for both individuals and businesses.

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Intellectual Property Assignments in Employment Contracts: Employ Creative Thinking

By Celina M. Orr

If your business employs someone for their creative or technical abilities, you should strongly consider using an intellectual property assignment.  An intellectual property assignment can be part of a larger employment contract but, at a minimum, should clearly define ownership rights in the intellectual property created by the employee.  Such assignment clauses allow the employer to retain control of a work or invention by its employees. Like all contracts, employment contracts should be carefully worded to clearly convey the intent of the parties.

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Patent Pending: A Label with Bark & Bite

By Bobby W. Braxton

You may have noticed the phrases “patented” or “patent pending” stamped onto various products without understanding the message, power, or responsibility that each phrase carries. “Patent pending” refers to an application wherein patent protection has been sought but a patent has not yet been issued. As it may take several years, depending on the technology, before a patent issues, there can be significant lengths of time during which the owner of an invention may sell a product embodying the invention without the benefit of patent protection.

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Copyright Overview: An Ounce of Prevention is Worth a Pound of Statutory Damages

By Zach W. Hilton

Both attorneys and laypersons who are not sufficiently familiar with current U.S. copyright law are often guilty of relying upon, and spreading, popular myths and misconceptions concerning basic copyright related issues.  In most instances, reliance on copyright myths and misconceptions will not result in any harm.  However, for the minority of copyright owners who must one day attempt to protect their copyrighted works, such reliance can have potentially disastrous consequences that can effectively preclude enforcement of the copyright.  In hopes of preventing such an unfortunate outcome, a brief primer on the basics of copyright law is provided below.

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Purchase a Declaratory Judgment Lawsuit for the Price of a Stamp

By Bobby W. Braxton

The recent Supreme Court decision in MedImmune Inc. v Genentech Inc., (January 9, 2007) lowered the hurdle a party must clear before filing a declaratory judgment lawsuit.  A declaratory judgment lawsuit allows a party to seek a determination of the rights among the parties without waiting for the opposing party to file a claim.  Additionally, a potential defendant can race an adversary to the courthouse by filing a declaratory judgment lawsuit in the erstwhile defendant’s choice of forum.

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The PTO’s New Accelerated Examination Program—Heaven Sent or Pandora’s Box?

By Zach W. Hilton

In March, the United States Patent and Trademark Office (“PTO”) celebrated the issuance of the first patent under its new accelerated examination program.  This patent issued from an application filed on September 29, 2006.  Implemented in August 2006, the accelerated examination program allows an applicant to dramatically shorten the time an application spends in the examination process.

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