Can You Patent a Fragrance?
- May 19 2023
Your sense of smell is the strongest sense tied to memory, so it’s no surprise that fragrances can hold a lot of power. When a company creates a unique fragrance, ...
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AI-Generated Content May Now Be Legally Protected – Sometimes
- Apr 19 2023
As AI-generated content continues to grow, more questions are being raised about how the content is to be treated under the law – what is able to be protected and ...
What Business Owners Should Know About Intellectual Property
- Feb 17 2021
When you work hard to create your own business, the last thing you want is for others to profit off of your hard work. That’s why it’s so important to ...
How to Avoid a Rejection to Your Patent Application for “Obviousness”
- Jan 21 2021
While you may be excited to file for a patent, many are initially rejected for being “obvious” by a patent examiner in the US Patent and Trademark Office (USPTO). In ...
Are Diagnostic Tests Patentable?
- Dec 16 2020
Diagnostic testing has always been extremely important in the treatment and mitigation of illness. Never in our lifetimes has this been more apparent than it is now during the COVID-19 ...
Can Two Generic Terms Create a Trademark? Here’s What to Know
- Nov 12 2020
Generally, when we think of what is trademark-able, we think of specific terms that can be protected rather than broad or generic ones. However, as evidenced in a case involving ...
Can I Do a Patent Search by Myself?
- Oct 15 2020
When you have created an invention, filing a patent can help afford protection from others. But in order to be granted a patent, you must be sure that someone else ...
What to Know About DBAs or Trade Names
- Sep 17 2020
When you have a business, sometimes you don’t want to operate under your registered legal name for a variety of reasons. This is where a DBA registration comes in handy. ...
New Registration Option Allows for Easier Protection of Blogs and Social Media Posts
- Aug 12 2020
As social media content and influencers continue to make an increasingly large impact, it begs the question of whether their content is or can be protected. Luckily for them, a ...
IPO’s “Stroke Of Genius” Podcast
- Aug 7 2020
IPO’s “Stroke Of Genius” Podcast A new episode of IPO Education Foundation’s Stroke of Genius is available NOW! Hear this clip of Episode 5 (https://apple.co/2XZXlsE) where two creatives used technology to ...
What Is a Natural Person for Purposes of Patentability?
- Jul 16 2020
A recent decision by the U.S. Patent and Trademark Office (USPTO) is making clear who can – and cannot – file for a patent; it may not be quite who ...
Pilot Program Gives COVID-19-Related Patent Applications Priority Review
- Jun 17 2020
The COVID-19 pandemic has without a doubt changed the U.S. landscape. Millions have been diagnosed and the economy has been greatly impacted. What is needed are better ways to diagnose ...
US Patent Office: AI Cannot Be a Legal Inventor
- May 20 2020
As Artificial Intelligence (AI) continues to become more and more prevalent, it’s only natural that we start to imagine it helping in various scenarios. If you have wondered if AI ...
USPTO Permitting Extending Patent Deadlines Amid COVID-19
- Apr 21 2020
Amid the stress of the COVID-19 pandemic, many things have taken a backseat to the health and safety of the American public. The circumstances accompanying the effort to slow the ...
Scully Scott Murphy & Presser – COVID-19/Coronavirus
Will My Patent Expire?
- Mar 20 2020
When you create something and obtain a patent on it, you likely feel confident that you are protected. However, it is important to note that your patent rights do not ...
Scully Scott Murphy & Presser – COVID-19/Coronavirus
- Mar 16 2020
Scully Scott is very closely monitoring the information being released by the CDC, World Health Organization and other government agencies on the COVID-19/Coronavirus outbreak. We take our employee health ...
Patents: What Inventors Need to Know
- Feb 13 2020
When you have an idea that you want to turn into a patent, there are many hurdles to overcome in the process. But what ends up giving most people trouble ...
What Is a Trade Secret and Why Should I Care?
- Jan 23 2020
When it comes to business, it’s a competitive world. When one company is successfully executing a product or service, it’s common that other companies will soon attempt to follow suit. ...
Congratulations, Adam DeRosa, Ph.D.!
- Jan 9 2020
We are pleased to announce that Adam DeRosa, Ph.D. has become a partner,effective January 1, 2020. Please join us in congratulating Adam.
Can My Artificial Intelligence Technology Be Patented?
- Dec 12 2019
For years and years, thousands of inventors have successfully patented their inventions. Inventions such as a hammer would have been easy to demonstrate how they were made. Under 35 USC ...
How to Submit a Patent Application
- Nov 14 2019
You’ve suddenly thought of a great idea and want to turn your idea into a reality – an invention – and protecting it by receiving a patent. The process of ...
Amazon Launching New “Utility Patent Neutral Evaluation” Process
- Sep 19 2019
No longer can we think of retail without thinking of Amazon. But while the retail giant only continues to grow, it faces new challenges. One of those challenges has been ...
The Patentability of Cannabis
- Sep 17 2019
With a massive boom in cannabis and cannabis-related products, it is not surprising that legal issues surrounding these products have arisen. While trademarking cannabis-related products and processes can be murky, ...
A Party Must Have Standing To Appeal An Adverse IPR Decision To The Federal Court,
- Sep 10 2019
By Mark J. Cohen Ph.D. In AVX Corporation v. Presidio Components, Inc., Appeal No. 2018-1106 (Fed. Cir. 2019), decided on May 13, 2019, before Judges Newman, O’Malley and Taranto, the ...
Scully, Scott, Murphy & Presser, P.C. Adds New Partner
- Aug 28 2019
Garden City, New York — Scully, Scott, Murphy & Presser is pleased to announce that Brian M. Rothery has joined the firm as a partner. Mr. Rothery has extensive experience ...
Patent Protection
- Jul 11 2019
Protecting your inventions with a patent shields you from others copying and profiting off of your creation. Not all inventions, however, will qualify for patent protection. U.S. Patent Law lays ...
The Patent Search Process
- Jun 28 2019
Do I still need a patent search if my idea is not on the market? The patent search process is at times overlooked, but is a crucial first step to ...
The Federal Government Is Not A Person
- Jun 14 2019
By: Mark J. Cohen, Ph. D The Supreme Court in a decision in Return Mail Inc. v. U.S. Postal Service et al, case number 17-1594 in the U.S Supreme Court, ...
A PARTY MUST HAVE STANDING TO APPEAL AN ADVERSE IPR DECISION TO THE FEDERAL COURT
- May 22 2019
By Mark J. Cohen Ph.D. In AVX Corporation v. Presidio Components, Inc., Appeal No. 2018-1106 (Fed. Cir. 2019), decided on May 13, 2019, before Judges Newman, O’Malley and Taranto, the ...
Doctrine of Equivalents Death Knell? Not So Fast!
- May 13 2019
By Mark J. Cohen In Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. 2019), the Federal Circuit, in a decision decided May 8, 2019, by Judges Lourie, O’Malley ...
Design Patents: What Are They?
- May 10 2019
You just thought of a product that is unique in design from its competitors, standing out from the crowd. What should you do? How can you protect it? You may ...
A Dose Of Skepticism Can Result In A Valid Patent
- May 6 2019
BY MARK J. COHEN On April 26, 2019, the Federal Circuit, in Neptune Generics, LLC v. Eli Lilly & Company, Appeal No. 18-257 (Fed. Cir. 2019), affirmed an inter partes ...
VALIDITY OF PATENTS DIRECTED TO POLYMORPHS by Mark J. Cohen, Ph.D.
- Apr 26 2019
A recent decision from the Federal Circuit, Grunenthal GMBH v. Alkem Laboratories Limited, Appeal No. 2017-1153 (Fed. Cir. March 28, 2019) has made it more difficult to challenge the validity ...
Protecting Your Patent
- Apr 23 2019
How can I enforce my patent? Receiving a patent is a momentous occasion. Your patent represents the culmination of your innovation, diligence, and hard work. You likely spent several months ...
“Claims Directed To Diagnostic Correlation and Method of Treatment Are Patent Eligible Subject Matter” by Mark J. Cohen, Ph.D.
- Apr 6 2019
A recent decision from the Federal Circuit, Endo Pharmaceuticals Inc., v. Teva Pharmaceuticals USA, Inc., Appeal Nos 2017-1240, 2017-1455, 2017-1887 (Fed. Cir. March 28, 2019) held that claiming a new ...
SSMP Is Ranked #6 in Juristat’s 2018 Rankings of Top 100 Patent Firms
- Mar 28 2019
Juristat, the only service that uses performance as well as volume to rank U.S. patent prosecution teams, has announced its 2018 Top 100 Patent Firms. SSMP, located in Garden City, ...
How Can I Patent an Improvement of My Existing Product?
- Mar 27 2019
You’ve just had a great idea and you want to patent an improvement on an existing product, but have to be sure not to infringe upon the patent or patents ...
Austin Startup Takes on Apple Pay, Argues Infringement
- Mar 5 2019
Recently, Fintiv, a young startup located in Austin, Texas, has stepped up to accuse Apple Pay, one of the largest mobile platforms, of patent infringement. Fintiv’s patent was bought from ...
How to Avoid Trademark Infringement
- Dec 31 2018
An effective trademark strategy will not only enable you to establish a distinctive brand identity, but also help to avoid infringing on the marks of others. Trademark infringement can be ...
Girl Scouts Take on Boy Scouts Over Name Change
- Nov 12 2018
The Girl Scouts of America and Boy Scouts of America have become about as American as apple pie. You would be hard-pressed to find someone who has not heard of ...
Costco Appeals $19M Tiffany Win, May Have Big Consequences on Trademark Law
- Oct 29 2018
Recently, Costco was hit with a $19.3 million judgment, with the court finding that it willfully deceived its customers into thinking that they were purchasing Tiffany Rings. This case may ...
Candy Companies Attempt to Obtain Some Pretty Sweet Trademarks
- Sep 13 2018
We all remember those Halloween nights when we were allowed to choose our own treats. In the dark, with one hand in the candy bowl and the other on our ...
Amazon Sued Over Alleged Trademark Infringement
- Aug 15 2018
In the latest suit against the Seattle-based e-commerce conglomerate (The Comphy Co. v. Amazon.com, Inc.), Amazon is being accused of trademark infringement by upscale bedding company, The Comphy. In its ...
Finally: Apple and Samsung Settle Lengthy Patent Infringement Case
- Jul 12 2018
After seven long years of battling over a legal patent infringement, Apple and Samsung have finally agreed upon a settlement, though its terms have not been disclosed. A History of ...
What is a Patent Search?
- Jun 28 2018
If you intend on bringing innovations to the marketplace it is essential to obtain a patent which grants you the exclusive right to use, sell or otherwise exploit the particular ...
The Vanda Decision is Good News for Personalized Medicine Applications
- Jun 26 2018
written by Fatih Mercan, Ph.D (June 2018) After the Supreme Court’s Mayo decision, overcoming the patent eligibility (35 U.S.C. §101) barrier for patent applications in the personalized medicine field became ...
Supreme Court Opens Door for Overseas Infringement of U.S. Patents
- Jun 22 2018
By: Drew Berweger In a 7-2 decision (Gorsuch and Breyer dissenting), the U.S. Supreme Court ruled on June 22, 2018 that a company can recover profits it lost outside the ...
The Importance of Protecting Trade Secrets: Why Having a Strong Intellectual Property (IP) Attorney Is Essential
- Jun 14 2018
What makes your business distinct, and hopefully superior, to other businesses of the same type are the methods, formulas, and techniques that give your company independent economic value. Clearly, protecting ...