The Law and Sports

Posted by on May 23, 2016 in Advice | 0 comments

In this time of nearly continuous political campaigns, we might forget that actual facts and truth are of ultimate importance in the real world. My mentor told me, way back at the beginning of my career, that the practice of patent and trademark law requires extreme attention to detail and eternal vigilance to seek facts and truth. That brings us to sports, and my long connection with baseball. The attached article explores the difference between assumptions based on what “everyone knows,” and the carefully researched truth. This article is...

read more

1,700 Patents, more than 1,200 Registered Trademarks

Posted by on Apr 2, 2016 in Banner | 0 comments

1,700 Patents, more than 1,200 Registered Trademarks

Our firm’s ability to focus on the client has resulted in the issuance of over 1,700 patents, more than 1,200 registered trademarks, and several long term professional relationships. When you need an experienced and knowledgeable lawyer to help with any of your intellectual property needs The Maxham Firm will prove to be a valuable resource in navigating the legal waters to secure and enforce your intellectual property rights. Between our attorney’s in-depth knowledge of the USPTO and years of experience, we would like to invite you to meet...

read more

WE’VE MOVED

Posted by on Mar 3, 2016 in News | Comments Off on WE’VE MOVED

WE’VE MOVED

WE’VE MOVED As of March 1, 2016, our new address is: The Maxham Firm A Professional Corporation 11682 El Camino Real, Suite 100 San Diego, CA 92130 Phone and Fax numbers remain the same.

read more

THE CARE AND HANDLING OF TRADEMARKS AND SERVICE MARKS

Posted by on Oct 10, 2014 in Advice | 0 comments

It is important to thoroughly understand how marks are to be used. A trademark is a word (or several words), a name, a symbol (such as one or more letters, or numbers, or a design), or any combination of these, used to identify and distinguish the goods of a business, and to indicate the source of the goods. Some well-known trademarks are KODAK, LYSOL, and TEFLON. A service mark provides the same function for services. A generic name is the common descriptive name of a product or service it identifies. For example, “instant lather...

read more

Outside US Trademark Filing Choices

Posted by on May 6, 2014 in Advice | 0 comments

If you are doing business beyond the borders of the USA, the copyright laws may be different; it is important to register any trademarks you use abroad to cover the countries in which you are operating or selling, or have The choices for doing so are several. They include: 1) Country-by-country 2) Regions where the countries of interest are included 3) Madrid Protocol – now includes more than 90 countries. While there are similarities in the applicable national laws, there are differences which can be significant and may come into play at any...

read more

Post-Grant Review Proceedings

Posted by on Sep 23, 2013 in Advice | 0 comments

Post-Grant Review Proceedings The new United States patent law (AIA) includes several post grant procedures for affecting the patent. This paper will address post grant review (PGR), often previously referred to as opposition. Any third party may request post grant review within nine months after grant. Such a request may be based on any ground of invalidity including prior art, insufficiency of disclosure, or eligibility for patent protection, among others. A PGR proceeding will be instituted if the requester is able to show that it is more...

read more

America Invents Act

Posted by on Sep 15, 2013 in News | 0 comments

A. Major Change Resulting from the America Invents Act (AIA) The subject of “first inventor to file, replacing the current “first to invent” system, has gotten a large amount of the publicity. All patent applications with an effective filing date on or after 16 March 2013 are subject to the new law. However, any application already pending as of 17 March 2013, can be brought under the new law if the scope of any claim is changed during prosecution on or after that date. How much claim change will be necessary to trigger this...

read more

America Invents Act

Posted by on Sep 15, 2013 in News | 0 comments

The America Invents Act (AIA) One of the (potentially) most useful aspects of the AIA is already effective. It is Prioritized Examination (Track 1). For $4,000 ($2,000 for small entities), and without any prior art search or analysis, a request can be filed in the USPTO together with filing a new patent application. The early experience is that examination will take place in weeks to months, not years. And, because of the concentrated effort, a relatively high percentage of applications are being allowed. Although this procedure is relatively...

read more

TRADEMARKS

Posted by on Sep 15, 2013 in News | 0 comments

TRADEMARKS A. THE INTERNATIONAL WORLD OF TRADEMARKS 1. The European Union In the European Union the Community Trademark (CTM) registration system covers all EU countries with a single procedure and results in a single registration. The coverage of the CTM registration will expand along with the EU and any new countries will automatically be included at no extra cost. 2. The World The United States is a member of the Madrid Protocol. There are more than 88 members, including nearly all European countries, Russia, Australia, China, Japan, and...

read more

Third Party Submission

Posted by on Sep 23, 2010 in News | 0 comments

Third Party Submission In Pending Patent Applications The America Invents Act has significantly expanded the possibilities for third parties to file submissions of documents in pending patent applications. As of 16 September 2012, such submissions can be made with respect to any patent application then pending or that is subsequently filed, subject to the timing restrictions. Third party submissions must be filed before the date of a notice of allowance (if that happens less than six months after first publication by the USPTO), or by six...

read more