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Intellectual Property News

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Intellectual Property News

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Posted on: Nov 23, 2020

This entry covers the patent eligibility questions (35 U.S.C. § 101) in C R Bard Inc. v. Angiodynamics, Inc., which the Federal Circuit handed down on November 10, 2020. 

Posted on: Nov 17, 2020

After several months of anticipation, the U.S. Copyright Office has finally released a new option for registering a group of short online literary works. Under the new “GRTX” application, authors can now register up to 50 individual short literary works in one application and for one fee, giving authors of short stories, blog posts, or online articles a more simplified and cost-friendly option to enjoy the benefits of a copyright registration in their works.

Posted on: Nov 16, 2020

The USPTO has issued an update to the trademark examination guide titled “Examination of Specimens for Use in Commerce: Digitally Created/Altered or Mockup Specimens.” The updated guide addresses examination guidelines regarding digitally created or altered and mockup specimens. In particular, the updated guide revises the procedures for requests for information about the use in commerce of such specimens.

Posted on: Nov 16, 2020

Falling squarely in the boring but potentially useful category, the Copyright Office recently announced that older unsubmitted draft applications will soon be removed from the eCO system. Specifically, any draft application created on or before November 30, 2019, will be permanently discarded by the system on November 30, 2020.

Posted on: Nov 16, 2020

According to the World Trademark Review, for the first time ever, Chinese applicants are filing more U.S. trademark applications than U.S. filers. During a recent week, Chinese applicants accounted for 49 percent of new filings while domestic filers were only responsible for 45 percent. By contrast, U.S. applicants filed 75 percent of applications in 2019.

Posted on: Nov 13, 2020

2020 has been (and no doubt will continue to be) like riding a roller coaster in a hurricane. Fortunately, for the IndyBar, we have a committed membership that has responded in amazing ways. While the pandemic will affect the practice of law for years to come, we can all be proud of the work our association did to respond in positive and uplifting ways. In a non-COVID year, we would typically recognize our IndyBar award winners at our annual Recognition Breakfast — typically a packed event with comradery and good cheer. Like many things this year, we will recognize our award winners in different (but no less important) ways.

Posted on: Nov 8, 2020

Recently, the Ninth Circuit Court of Appeals affirmed a decision at the trial court level in Nevada granting summary judgment in favor of the creators of the musical "Jersey Boys" as to not have infringed an autobiography of one of the band members, Tommy DeVito. The plaintiff in the case, Donna Corbello (widow of the author of the autobiography), had originally been awarded a jury verdict in Nevada federal court wherein the jury determined that 10 percent of the musical's success was attributable to the infringement of the autobiography. 

Posted on: Nov 6, 2020

IndyBar will be offering free wills to Indy-area residents who cannot afford an attorney on Tuesday, November 10. This offering was originally being offered exclusively to veterans in conjunction with Veteran’s Day; however, we have a few openings still available so we are opening the opportunity up to all residents subject to meeting financial requirements at 150% of the Federal Poverty guidelines.

Posted on: Oct 23, 2020

As 2020 ticks to a close, IndyBar sections and divisions are in the process of evaluating their committee rosters and determining vacancies for 2021. Now is the perfect time to indicate your interest in serving on a committee. While space is limited, every effort will be made to involve anyone expressing interest in some capacity.

Posted on: Oct 19, 2020

The United States Patent and Trademark Office (USPTO) recently announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19.

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