Intellectual Property / Technology
Showing 157 - 162 of 739 results.
How Can You Safely Negotiate a Copyright Agreement?
A copyright agreement is a legally binding contract that allocates ownership, usage rights, and enforcement responsibilities between parties regarding creative works protected under federal copyright law. Copyright agreements operate under the framework of the U.S. Copyright Act and must clearly define the scope of rights being transferred, licensed, or retained to avoid disputes over authorship and infringement liability. Failure to document copyright ownership or permission terms in writing can result in costly litigation, loss of enforcement standing, or unintended liability exposure for unauthorized use. This article addresses the core elements of copyright agreements, how they protect or expose parties to infringement risk, the role of written documentation in establishing legal posture, and practical considerations when entering or defending against copyright-related obligations.
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How Can Composition of Matter Patents Be Effectively Protected?
A composition of matter patent protects a new and non-obvious combination or mixture of chemical elements, compounds, or materials that produces a functional result distinct from its individual components. Under 35 U.S.C. Section 101, a composition of matter must meet statutory requirements for patentability, including novelty, non-obviousness, and utility. Failure to satisfy these requirements exposes the patent to invalidation challenges during examination or litigation, so the IP owner may be left without enforceable rights. This article addresses what constitutes a valid composition of matter patent, how infringement is evaluated, the defenses available to parties accused of infringement, and practical considerations for protecting or defending against such claims.
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Choreography Copyright: Registering and Protecting Dance in New York
Registration determines what you can recover, not whether you own the work. Copyright attaches on fixation. The remedies depend on timing. Statutory damages and attorney's fees require registration before the infringement began, or within three months of first publication. Without them, a claim is limited to actual damages — difficult to quantify when what was taken is a sequence of movement. And suit cannot be filed until the Copyright Office has acted, not merely received the application.What you deposit shapes the scope. A video registration captures the choreography as performed, including a particular dancer's interpretation. Notation isolates the structure more precisely and costs more to prepare. Short sequences are the hard cases. The Copyright Office treats brief routines composed of a few movements as unregistrable, closer to social dance steps than to a choreographic work. How long and how complex a sequence must be before it crosses that line has been litigated repeatedly and is not settled. And commissioning a work does not transfer it. Work made for hire covers employees and nine enumerated categories of commissioned work. Choreography is not among them — so a company that commissions a piece, pays in full, and premieres it owns no copyright absent a signed assignment.
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Business Method Patents: Eligibility, Claims, and USPTO Strategy
Learn how business method patents address Alice eligibility, claim drafting, USPTO review, litigation risks, and trade secret alternatives. Business method patents may cover technology-based processes used in finance, commerce, logistics, or online platforms. A profitable business idea alone is not enough; the claimed invention must satisfy U.S. .atent law and the USPTO’s subject-matter eligibility framework. This guide explains eligibility, claim drafting, prosecution, litigation, maintenance, and patent-versus-trade-secret decisions.
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How Can the Assignment of Patent Rights Be Executed Safely?
Assignment of patent rights requires written transfer agreements, USPTO recording, chain-of-title verification, and ownership documentation to protect enforcement rights. Assignment of patent rights is the legal process of transferring patent ownership through a written agreement that clearly identifies the patents and the parties involved. A properly executed assignment of patent rights should include accurate ownership documentation, clear transfer language, and timely USPTO recordation to preserve priority and enforcement rights. Because assignment of patent rights can affect standing to sue, chain-of-title verification, indemnification obligations, and future licensing strategies, parties should carefully document each transfer to reduce ownership disputes and enforcement risks.
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What Is App Copyright and How Do You Protect Your Code?
App copyright under Title 17 of the U.S. Code automatically protects source code, UI designs, and audiovisual elements of any original software application. App copyright attaches automatically at creation, but proactively registering with the U.S. Copyright Office and maintaining timestamped development records are the steps that make it enforceable.In my experience, developers who register early and document their creative process are far better positioned when app copyright disputes arise.
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