Author: Beth Werner

Insights, Uncategorized / 16.08.2017

The Patent Practice Benchmark 20 (“PPB20™”) has identified the top 20 firms providing patent prosecution services. The nationwide study inspected data from the United States Patent and Trademark Office based on timeliness, completeness and accuracy. Fay Sharpe LLP is proud to report we are recognized and included by the PPB20™ in the top 20 patent practices. Fay Sharpe LLP was evaluated with other law firms and patent practice businesses across the country and met stringent criteria to earn a spot on this list. To be considered for the PPB20™ each nominee on the list must be based in the U.S., have a minimum number of 13 patent practitioners, a minimum number of 3,100 published patent applications, at least 600 maintenance fee payments and meet the minimum Quotia score of 800. A Quotia score sets criteria surrounding accuracy, completeness and timeliness of a practitioner’s work. With a score above 751, top tier...

Insights, Uncategorized / 14.07.2017

By: Chloe Drake Imagine being told once you enter 9th grade, you will be working in Corporate America helping Corporate America do what they do best. Imagine being 14 years old being told that your job placement is at a well-known law firm in your downtown area. Imagine walking in for your first day not having a clue what to say or how to act or even where to go. I know you are probably thinking that this could not be, but indeed it happened. Ironically, I was that 14 year old who was placed at Fay Sharpe three years ago. On my first day at Fay Sharpe, I was relentlessly nervous about if I had the talents or qualifications to fulfill the needs of the job that I just got hired to do. I mean, what ninth grader do you know that thinks of those things at that age?...

Insights, Uncategorized / 13.06.2017

Fay Sharpe's counsel,  Alan Brandt, has been featured in a segment with Cleveland's Channel 5 News and aired on June 12, 2017. Mr. Brandt provided information on copyright law and fashion. The segment can be found online here: http://www.news5cleveland.com/news/local-news/lorain-designer-provides-receipts-after-khloe-kardashian-sends-cease-and-desist-letter?page=2...

Insights, Uncategorized / 01.06.2017

On May 20, 2017, Colleen F. Goss was a panel speaker at the 139th Annual Meeting of the International Trademark Association (INTA) in Barcelona, Spain. As part of a panel, Ms. Goss contributed to the discussion on INTA’s library of member resources and how access to these materials can be used to provide quick answers to preliminary research questions....

Uncategorized / 16.05.2016

By Ryan Jones, attorney, Fay Sharpe LLP It’s just happened for you. That moment of inspiration. You’ve just come up with a brilliant idea, and now you want to get patent protection for it. Current U.S. patent law allows you to file a provisional (aka “temporary”) application with the U.S. Patent Office that describes the basics of your invention. You then have one year from that filing date to refine the idea and file a full patent application while claiming the priority date of the provisional application. Provisional applications work similarly to line stamps at an amusement park. You get a stamp to stand in line for a ride at a certain time (such as noon), then at your stamped time, you get to cut in front of everyone in line with a time stamp that is later than yours. Similarly, your provisional patent application allows you to cut in front of...

Uncategorized / 28.04.2016

By Mark Einsiedel, attorney, Fay Sharpe LLP While they may have similar meanings to a layperson, the terms “repair” and “reconstruction” have been used by the courts to distinguish between those activities that are permissible and those that are prohibited with regard to a patented article once it has been placed into commerce by the patentee. Courts distinguish between the right to reproduce a substantially new article from the component parts of the patented article (akin to prohibited “reconstruction”) and the right to “preserve the useful life of the original [patented] article” (akin to “repair). Id. “Repair” of a patented article is a complete defense to a claim of patent infringement. (See, e.g. Jazz Photo Corp v. Int’l Trade Comm’n, 264 F.3d 1094, 1101 (Fed. Cir. 2001)). That is, the purchaser of a patented article “has the rights of any owner of personal property, including the right to use it, repair it,...

Uncategorized / 18.04.2016

By Rachel A. Smoot, attorney, Fay Sharpe LLP In a sharply divided opinion issued on Dec. 22, 2015, the U.S. Court of Appeals for the Federal Circuit redefined the Lanham Act. Enacted in 1946, the Lanham Act provides a national system for registering and protecting trademarks used in commerce. However, 70 years later, the Federal Circuit has deemed it necessary to give the statute a facelift, rendering a signification portion of the act’s Section 2(a) unconstitutional. Section 2(a) includes a bar on the registration of a mark that “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.” Over the past seven decades, the U.S. Patent and Trademark Office (USPTO) has used the subjective language “may disparage” to reject any trademark application that an examiner finds disparaging...

Uncategorized / 11.04.2016

In professional baseball, when a player is traded, his former team often changes the hand signals it uses to call pitches and direct base runners, assuming the player will share everything he knows with his new employer. In corporate America, however, simply exchanging old data for new isn’t an effective means to protect intellectual property. Businesses need multiple forms of intellectual property protection to safeguard their patentable inventions, customer databases, digital coding, trade secrets and other intangible knowledge from competitors or other groups, and employee noncompete agreements can be part of that strategy. Consider these three factors to determine if a noncompete is right for your organization. Make sure there’s a real need A noncompete agreement is a legal document signed by key personnel, usually as a term of employment. It’s generally used to constrain those with inside knowledge from working for a competitor under stated conditions after leaving employment with your company. Some...

Uncategorized / 15.02.2016

By William J. Samore, attorney, Fay Sharpe LLP How does a company obtain the patent rights to something invented by an employee? The current rule, decided in Filmtec Corp., v. Allied-signal Inc., 939 F.2d 1568 (Fed. Cir. 1991), is that when an employment contract creates a present grant of rights in future inventions and related patent rights, the title to the patent transfers to the employer upon creation of the invention. In other words, when employment contract language uses the present tense (e.g., I “herby assign” my rights), title transfers automatically upon creation of the invention. On the other hand, if the employment contract uses the future tense (e.g., I “will assign” my rights), the company may get only equitable rights (not legal title), and, in this situation, if the employee refuses to assign rights to the company, it may have to obtain a court order forcing the employee to transfer rights. This...

Uncategorized / 14.12.2015

Fay Sharpe LLP is pleased to announce that it has achieved a national Top 10 ranking for patent allowance rates as determined by Juristat using data from the U.S. Patent and Trademark Office’s Patent Technology Center 2100. With an allowance rate of 90.17 percent, Fay Sharpe ranked seventh in the nation for 2015, well above TC 2100’s overall allowance rate of 66.2 percent, and well above the average of 71.3 percent across all USPTO patent examining centers. TC 2100 examines computer-related patent applications for the USPTO, including applications related to data processing, information security and artificial intelligence. All 10 firms honored as TC 2100 Top 10 were selected from IP Today’s top firms for 2015 and have at least 100 disposed patent applications in TC 2100. “For an intellectual property law firm such as ours, this is a tremendous achievement,” says Steven Haas, Fay Sharpe Partner and Management Committee member. “It’s proof that...