Intellectual Property Overview

Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.

The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.

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Featured Cases AddThis Feed Button

  • Shloss v. Joyce
    California Northern District Court
    Copyright
    Filed: January 25, 2007
    Plaintiff: Carol Loeb Shloss, Carol Loeb Shloss, Carol Loeb Shloss, Carol Loeb Shloss, Carol Loeb Shloss and others... Defendant: Stephen James Joyce
    Last Docket Report Change Found: May 13, 2008

    (May 12, 2008)
  • Mirror Worlds, LLC v. Apple, Inc.
    Plaintiff Mirror Worlds LLC alleges that Defendant Apple, Inc. infringed on U.S. Patent Nos. 6,006,227 and 6,638,313 B1 entitled "Document Stream Operating System" and 6,725,427 B2 entitled "Document Stream Operating System with Document Organizing and Display Facilities," 6,768,999 B2 entitled "Enterprise, Stream-Based Information Management System"
    Texas Eastern District Court
    Patent
    Filed: March 14, 2008
    Plaintiff: Mirror Worlds, LLC; Defendant: Apple, Inc.
    Last Docket Report Change Found: May 13, 2008

    (May 12, 2008)
  • Zomba Recording LLC v. Mario Aramando Lavandeira et al
    California Central District Court
    Copyright
    Filed: October 11, 2007
    Plaintiff: Zomba Recording LLC; Defendant: Mario Aramando Lavandeira, Jr, DOES 1 through 10 inclusive
    Last Docket Report Change Found: May 13, 2008

    (May 12, 2008)
  • Aloft Media LLC v. Microsoft Corporation
    Plaintiff Aloft Media, LLC alleged that Defendant Microsoft Corporation infringed on U.S. Patent No. 7,305,625 entitled "Data Networking System and Method for Interfacing a User."
    Texas Eastern District Court
    Patent
    Filed: February 22, 2008
    Plaintiff: Aloft Media LLC; Defendant: Microsoft Corporation
    Last Docket Report Change Found: May 13, 2008

    (May 12, 2008)
  • Performance Pricing, Inc. v. Google Inc. et al
    Plaintiff Performance Pricing, Inc. sued Google Inc., AOL LLC, Microsoft Corporation and Yahoo! Inc. for infringing U.S. Patent No. 6,978,253 entitled "Systems and Methods for Transacting Business Over a Global Communications Network such as the Internet."
    Texas Eastern District Court
    Patent
    Filed: September 27, 2007
    Plaintiff: Performance Pricing, Inc., Performance Pricing, Inc., Performance Pricing, Inc., Performance Pricing, Inc., Performance Pricing, Inc. and others... Defendant: Google Inc., Google Inc., Google Inc., Google Inc., Google Inc. and others...
    Last Docket Report Change Found: May 13, 2008

    (May 12, 2008)

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Legislation AddThis Feed Button

  • Bill Enacted: S.2739 Consolidated Natural Resources Act of 2008
    A bill to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.

    May 08, 2008: Became Public Law No: 110-229.
    (May 6, 2008)
  • Bill Introduced: S.2787 Military Construction Authorization Act for Fiscal Year 2009
    A bill to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.


    (March 29, 2008)
  • Bill Signed by President: H.R.4986 National Defense Authorization Act for Fiscal Year 2008
    To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgements against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes.

    January 28, 2008: Signed by President.
    (January 26, 2008)
  • Bill Vetoed: H.R.1585 National Defense Authorization Act for Fiscal Year 2008
    To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

    December 28, 2007: Pocket Vetoed by President.
    (December 26, 2007)
  • Bill Introduced: S.2483 National Forests, Parks, Public Land, and Reclamation Projects ...
    A bill to authorize certain programs and activities in the Forest Service, the Department of the Interior, and the Department of Energy, and for other purposes.


    (December 11, 2007)

Regulations AddThis Feed Button

  • Proposed Rule - Institution of a Fee to File on Paper a Request for Reconsideration of a Final ...
    Patent and Trademark Office
    Proposed Rule
    Institution of a Fee to File on Paper a Request for Reconsideration of a Final Office Action in a Trademark Case,
    22894-22895 [E8-9216]
    DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 2 [Docket No. PTO-T-2006-0011] RIN 0651-AC05 Institution of a Fee To File on Paper a Request for Reconsideration of a Final Office Action in a Trademark Case AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Supplemental notice of proposed rule and withdrawal of proposed rule. SUMMARY: In response to objections raised, the United States Patent and Trademark Office (``USPTO'') withdraws its prior proposal to amend... [read document]
    View Document | Download PDF

    (April 27, 2008)
  • Rule - Section 119 and the Changes in the Consumer Price Index
    Copyright Office, Library of Congress
    Rule
    Section 119 and the Changes in the Consumer Price Index,
    14183-14185 [E8-5301]
    LIBRARY OF CONGRESS Copyright Office 37 CFR Part 258 [Docket No. RM 2008-3] Section 119 and the Changes in the Consumer Price Index AGENCY: Copyright Office, Library of Congress. ACTION: Final rule. SUMMARY: The Copyright Office makes royalty rate adjustments for satellite carriers based upon changes in the Consumer Price Index. EFFECTIVE DATE: March 17, 2008. These rates are applicable for the rate period of January 1, 2008, through December 31, 2008. FOR FURTHER INFORMATION CONTACT: Ben... [read document]
    View Document | Download PDF

    (March 15, 2008)
  • Rule - Changes in the Requirement for a Description of the Mark in Trademark
    Patent and Trademark Office
    Rule
    Changes in the Requirement for a Description of the Mark in Trademark,
    13780-13784 [E8-5202]
    DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 2 [Docket No. PTO-T-2007-0035] RIN 0651-AC17 Changes in the Requirement for a Description of the Mark in Trademark Applications AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (``USPTO'') amends the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters. This... [read document]
    View Document | Download PDF

    (March 12, 2008)
  • Proposed Rule - Examination of Patent Applications That Include Claims Containing Alternative ...
    Patent and Trademark Office
    Proposed Rule
    Examination of Patent Applications That Include Claims Containing Alternative Language,
    12679-12684 [E8-4744]
    DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO-P-2006-0004] RIN 0651-AC00 Examination of Patent Applications That Include Claims Containing Alternative Language AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Proposed rule; request for comment on initial regulatory flexibility analysis. SUMMARY: The United States Patent and Trademark Office (Office) published a notice proposing to revise the rules of practice pertaining to any claim using... [read document]
    View Document | Download PDF

    (March 8, 2008)
  • Proposed Rule - Changes in Rules for Filing Trademark Correspondence by Express Mail, ...
    Patent and Trademark Office
    Proposed Rule
    Changes in Rules for Filing Trademark Correspondence by Express Mail, Certificate of Mailing or Transmission,
    11079-11081 [E8-3929]
    DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Parts 2 and 7 [Docket No. PTO-T-2007-0051] RIN 0651-AC18 Changes in Rules Regarding Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission AGENCY: United States Patent and Trademark Office, Commerce. ACTIONS: Proposed rule. SUMMARY: The United States Patent and Trademark Office (``Office'') proposes to amend the Trademark Rules of Practice to provide that the procedures for filing trademark... [read document]
    View Document | Download PDF

    (February 28, 2008)

Government AddThis Feed Button

  • Bill Introduced: . . .to provide an exemption from exclusive rights in copyright for certain ...
    S. 2591 was introduced on February 4, 2008, in the Senate: "€œTo amend chapter 1 of title 17, United States Code, to provide an exemption from exclusive rights in copyright for certain nonprofit organizations to display live football games, and for other purposes."

    (2/11/08)
    (May 13, 2008)
  • Notice - Request for Nominations: Public Advisory Committees
    Patent and Trademark Office
    Notice
    Request for Nominations:
    Public Advisory Committees,
    22343-22344 [E8-9120]
    DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-C-2008-0017] Public Advisory Committees AGENCY: United States Patent and Trademark Office. ACTION: Notice and request for nominations. SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Pub. L. 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States... [read document]
    View Document | Download PDF

    (April 24, 2008)
  • Notice - Submissions Regarding Correspondence and Regarding Attorney Representation
    Patent and Trademark Office
    Notice
    Submissions Regarding Correspondence and Regarding Attorney Representation,
    20257-20258 [E8-7980]
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks) ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the extension of a continuing information collection, as required... [read document]
    View Document | Download PDF

    (April 14, 2008)
  • Notice - Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar
    Patent and Trademark Office
    Notice
    Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar,
    20256-20257 [E8-8058]
    DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2008-0015] Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar[supreg] AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of Interim Patent Term Extension. SUMMARY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a fourth one-year interim extension of the term of U.S. Patent No. 4,650,787.... [read document]
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    (April 14, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    Patent and Trademark Office
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    18783-18784 [E8-7171]
    DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Recording Assignments. Form Number(s): PTO-1594, PTO-1595. Agency Approval Number:... [read document]
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    (April 6, 2008)

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Google News & Tags: intellectual-property trademark patent copyright trade-secret

Blog Posts AddThis Feed Button

  • NC Court of Appeals Decision on Pleading Standards in Trade Secrets Case
    It's nice (and easy) to be able to link to one of our sister blogs, the North Carolina Appellate Blog, concerning a case from earlier this week from the North Carolina Court of Appeals. In Washburn v. Yadkin Valley Bank & Trust, the court affirmed dismissal of a trade secrets claim on the grounds that the identity of the trade secrets and the manner of the alleged misappropriation were pleaded with insufficient particularity. The case could prove very useful in fighting off vague claims in...
    (May 8, 2008)
  • Press Conference on IPR Protection 2007 Held in Beijing
    On May 8, 2008 a press release from the International Sports Movement was available at Sports Features Communications. The following is excerpted from that release: Beijing Intellectual Property Working Conference and the Information Office of the Municipal Government jointly held a press conference on IPR protection 2007 at the Beijing Olympics Press Center. Principals from the municipal IP Office, Press and Publication Administration, Administration for Industry and Commerce, High People's...
    (May 8, 2008)
  • U.S. House Passes Intellectual Property Enforcement Bill
    On May 8, 2008, the U.S. House of Representatives passed H.R. 4279, known as the Prioritizing Resources and Organization for Intellectual Property Act - "PRO IP" for short. The bill would revise various enforcement-related revisions to U.S. copyright and trademark laws. Key sections of the bill include: a revision to the Copyright Act protecting the validity of [...]
    (May 8, 2008)
  • Jurors "Outraged" By Trade Secret Claims Made In Texas
    Here's a relative rarity - a trade secrets misappropriation case that goes to a full jury trial and verdict. National Oilwell Varco is an oil field parts seller. It had some long-term employees leave without any noncompete agreements restricting their re-employment in the industry. That said, National Oilwell Varco sued the employees on a trade secrets misappropriation theory and alleged that the employees took with them key information about clients - including, for example, a "40 year...
    (May 8, 2008)
  • Track Intellectual Assets to Stay Ahead of Competitors and Tomorrow’s News
    The way your competitors acquire, protect, and promote their intellectual assets can inadvertently signal their next moves. Increasingly savvy marketers are following how competitors manage their intellectual assets to get a sense of what they're preparing to do next. The intellectual assets we're discussing here include the rights conferred by intellectual property, human knowledge secured through staffing, and the way companies promote the value of these through public communications. You can...
    (May 8, 2008)