Posts by Stephen B. Schott
Software Patents–Back in Play
We’ll try a new format for the newsletter. The first section is for founders, CTOs, and inventors. The second has more detail for those who would like to travel down (Alice’s) rabbit hole. Since the Supreme Court’s Alice v. CLS Bank decision in 2013, software inventors have faced a more skeptical patent environment in the…
Read MoreHottest IP Topics of 2024
Hot intellectual property topics from 2024
Read MoreCopyright Law (Taylor’s Version)
Above: Poster from the Eras Tour. ID 308589233 © Ignisign | Dreamstime.com Whether you know her as a country sweetheart or a pop phenomenon, you’ve heard of Taylor Swift. The legendary musician rose to stardom in her teenage years, gaining acclaim for her relatable lyrics and exceptional storytelling ability. Currently, Swift is on her Eras…
Read MoreNew Standards for Design Patent Obviousness with the LKQ Corp. v. GM ruling
Imagine someone submitted a design patent for a glass bottle with a contoured hourglass shape. The top was slightly narrower, and it fluted out at the bottom. But wait a second, you might wonder. Isn’t that the Coke bottle? Perhaps the design has one or two minor variations from the iconic Coca-Cola bottle, but it’s…
Read MoreUSPTO Issues Guidelines for Inventions Created with AI
From articles in our news feeds to conversations with friends, the topic of Artificial Intelligence (AI) seems inescapable. This trend has even pervaded the world of intellectual property, where attorneys and inventors are increasingly asking: who owns the rights to products created by ChatGPT or Gemini? Recently, the United States Patent and Trademark Office (USPTO)…
Read MorePERA and PREVAIL: Bipartisan Bills Aimed at Supporting Inventors and Innovation
Patent law has undergone drastic changes in recent years. From the Supreme Court’s landmark Alice ruling to the Patent Trial and Appeal Board’s establishment, inventors and judges alike are struggling to navigate this rapid evolution. But Congress is responding to the widespread uncertainty. In the past month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC)…
Read MoreThe Taco Tuesday Trademark Debacle
Above: Photo of Tacos. ID | 148861749 © Joshua Resnick | Dreamstime.com How are you celebrating Taco Tuesday? Maybe you’re munching on a taco at the office or visiting your favorite Mexican restaurant. Food-themed events like Taco Tuesdays can inject some fun into the workweek slog. But did you know that, until recently, the phrase…
Read MoreReconsider the Trade Show: Minerva Surgical v. Hologic and the Public Use Bar for Patents
Have you considered bringing your latest invention to a trade show? If so, the latest Federal Circuit ruling in Minerva Surgical v. Hologic illustrates why you might want to hold off on displaying the invention to the public until you’ve filed a patent application. Minerva Surgical and Hologic create devices to treat heavy uterine bleeding.…
Read MoreBimbo Bakeries v. Sycamore: Who’s the breadwinner?
Although I’d like to get my hands on the Oreos recipe, there’s a reason I can’t bake “Milk’s Favorite Cookie” in my oven: Oreos are a trade secret. Trade secrets offer an economic benefit to the company that makes them because they’re known only to a select few individuals. Nabisco does not share the Oreos…
Read MoreUnicolors v. H&M: The Cardinal and the Scarlet Tanager in Copyright Law
Above: Photo of an H&M store. ID 23915197 © Radub85 | Dreamstime.com You’ve probably got an H&M shirt tucked away somewhere in the back of your closet. The Swedish company operates over 3,000 stores and is the second-largest retailer in the world. Recently, H&M was the subject of an infringement suit from Unicolors, a fabric…
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