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Disclaimer/Legal

 

I. DISCLAIMER

THE INVENT BLOG® is published by Registered Patent Attorney Stephen M. Nipper. The opinions expressed herein by him are his own and not his law firm’s.

THE INVENT BLOG® is NOT LEGAL ADVICE, nor should the information contained herein be construed as such.

Nothing on THE INVENT BLOG® should be perceived as creating an attorney-client relationship.

The comments on THE INVENT BLOG® were, are and will always be solely the opinions of the individuals leaving them. In no way does THE INVENT BLOG® or Stephen M. Nipper endorse, condone, agree with, sponsor, etc. these comments.

The full Comment Policy for THE INVENT BLOG® can be found here.

II. LEGAL

THE INVENT BLOG® is a registered trademark of Stephen M. Nipper.

All content on The Invent Blog copyright Stephen M. Nipper. All rights reserved. No claim is made to government works.

RSS feeds are provided for personal, non-commercial use. Web publishers may republish one or more of the RSS feeds in two manners: (1) republishing only the title of individual feed items with a direct linkback to the original item on The Invent Blog website (http://inventblog.com), or (2) republishing the title of individual feed items with a snippet (150 characters or less) of the item’s content, along with a direct linkback to the original item on The Invent Blog.

Full republication of feed items is expressly prohibited.

III. DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (DMCA) NOTICE AND DESIGNATION OF AGENT FOR COPYRIGHT INFRINGEMENT NOTIFICATION

Pursuant to the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”), the owner of this site has registered an Interim Designated Agent with the United States Copyright Office. This Interim Designated Agent is assigned to receive all notifications under the DMCA.

My Interim Designated Agent can be contacted as follows:
Stephen M. Nipper
1403 W. Franklin St.
Boise, ID 83702
Telephone: 208-345-1122
Fax: 208-345-8370
E-mail: nipper at dykaslaw . com

POLICY ON INFRINGING ARTICLES OBTAINED THROUGH THIS BLOG
It is my policy to fully comply with the terms of the DMCA and to remove any article which I am notified infringes upon the copyrights of any party. I do not knowingly place any infringing items on this blog (server).
Furthermore, it is my policy to, at my discretion, deny commenting or other access to any subscriber to my services who knowingly infringes upon the copyrights of others.

NOTIFYING ME IF YOU FEEL MATERIAL AVAILABLE FROM THIS BLOG VIOLATES YOUR COPYRIGHTS
I refer you to the full text of the DMCA for a complete description of your rights and obligations concerning materials on this blog that you feel violate your copyrights. It is my policy to fully comply with the DMCA.
You may notify me of materials that you feel are infringing by notifying the Designated Agent at the contact information indicated above. Your notification should comply with the requirements of the DMCA. At a minimum, the notice should include:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location where the material that you claim is infringing is located and a description of the precise information contained on that site that you feel infringes upon your rights;
4. information that permits me to contact you, including your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HOW I PROCESS NOTICES I RECEIVE
It is my policy to follow the terms of the DMCA. Upon receipt of a notice that “substantially complies” with the contents that are proscribed by the DMCA, I will take action to remove or disable the material that is claimed to be infringing.
I will contemporaneously notify the party responsible for such material that I have received your notification. This notification will include a statement that this party has the right to give a counter notification which complies with the requirements of the DMCA.

If I receive a counter notification from the party responsible for the allegedly infringing content, I will notify you that I shall replace the removed or disabled material in 10 business days unless you notify us that you have commenced court action against the allegedly infringing party within that 10 day period.

If you file court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.

YOUR FURTHER RIGHTS
For a complete description of the rights that you have under the DMCA and the procedure that I will follow, I refer you to the full text of the DMCA. Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

Copyright Office Home Page http://www.loc.gov/copyright/index.html
Summary of Digital Millennium Act From the Copyright Office: http://www.loc.gov/copyright/legislation/dmca.pdf

 

“Patents are published as part of the terms of granting the patent to the inventor. Subject to limited exceptions reflected in 37 CFR 1.71(d) & (e) and 1.84(s), the text and drawings of a patent are typically not subject to copyright restrictions.” See: http://www.uspto.gov/main/ccpubguide.htm

However:

37 CFR 1.84(s) Copyright or Mask Work Notice (§ 1.71(d) says generally the same thing).
“A copyright or mask work notice may appear in the drawing, but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of.32 cm. to .64 cm. (1/8 to 1/4 inches) high. The content of the notice must be limited to only those elements provided for by law. For example, ‘‘ 1983 John Doe” (17 U.S.C. 401) and ‘‘*M* John Doe” (17 U.S.C. 909) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask work, respectively. Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in 1.71(e) is included at the beginning (preferably as the first paragraph) of the specification.”

37 CFR 1.71(e) The authorization shall read as follows
“A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection. The (copyright or mask work) owner has no objection to the facsimile reproduction by any one of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent file or records, but otherwise reserves all (copyright or mask work) rights whatsoever.”

Thus, as usual, the answer is “it depends.”

Example:  U.S. Patent No. 7290830.

 

I’m a HUGE fan of del.icio.us. I tag stuff every day (or so it seems). I dawned on me earlier that my old del.icio.us tags are a gold mine of great links for my readers. So…let’s start with some delicious copyright URLs:

 

Via the American Library Association’s Copyright Advisory Network Digital Copyright Slider.

See also their Fair Use Checklist (pdf).

 

At least that is what Google, in reviewing Copyright renewals is finding. See Google Book Search Blog on US copyright renewal records available for download.

Google’s latest announcement (the topic of that post) was scraping together a 56MB XML file (zipped) containing a list of the books that were not renewed.

The fact that Google is tracking such information and (presumably) scanning those public domain books for online reading…is an unbelievable thing.

 

Google has a new “product” in beta. Called the “Google Image Labeler,” it is “a feature of Google Search that allows you to label images and help improve the quality of Google’s image search results.” You are partnered with another person and are shown a series of images over a two-minute period. Both of you enter labels for a shown photo (without seeing one another’s responses) and when you both type in the same label, a new picture is shown. As a reward for your hard work, Google gives you “points.” Interesting concept…and surprisingly fun.

Now…think about the implications to trademark/copyright owners. Suddenly, a Google images search for “Nike logo” may turn up more examples of infringing uses on websites. Hmm…community policing of trademarks/copyrights.

 

Add this to my to do list! Law Department Management blog on “Uses of flow charts and short summaries, including to explain choices to clients.”

Reminds me of: Erik J. Heels’ “Drawing that Explains Copyright Law,” or Bromberg-Sunstein’s “Flowchart for determining when U.S. copyrights in fixed works expire.”

Know of any others out there? Have any you use that you’d be willing to share? Let me know.

 

Welcome to Blawg Review #146. This is actually my second time hosting Blawg Review…I was party to the infamous Blawg Review #48 (hosted by the group blawg RethinkIP (with Matt and Doug ). Note to self, not everyone appreciates it when you try to “Rethink” Blawg Review.

This time around I’m hosting Blawg Review on National Inventor’s Day (U.S.). Congress has designated February 11th (the anniversary of the birth of the inventor Thomas Alva Edison, who had over 1,000 patents) as “National Inventor’s Day.” Since we’re talking about inventors…don’t forget that you can still nominate someone for National Inventor of the Year.One common “inventor” misconception is that Edison was the most prolific American inventor. He wasn’t. That title goes to Donald Weder of Highland, IL (hometown of blawger Matt Homann) and client (according to issued patents) of the patent law firm that brings us the PHOSITA patent blog. Small world. What exactly does Mr. Weder have patents on? Basically everything you get from your florist that isn’t grown from a seed (for instance, the pleated foil wrapper the pot of flowers is placed in).

Enough patent trivia. On with patent/inventor themed Blawg Review #146!

I’m not so sure that Blade was an inventor, I think it was Whistler…but the actor that played Blade (Wesley Snipes), managed to get a number of mentions in blawgs this week, including The Snipes Trial considering “Voluntary Compliance” and the Sox First blog (not to be confused with Monica Bay’s “Sox Last” blog) which thinks that Wesley Snipes: a little guilty of tax dodging.

What’s up with Ohio and bloggers? Is there a finite number of Ohio law blogs? The Ohio Employer’s Law Blog writes about the “Rebirth of the Megatrial,” The Practice talks about a transvestite and a crackpipe in “Jamie” gets paper, the Ohio Employment Law blog points out that the Ohio Supreme Court holds that retained memory can constitute a trade secret, and finally, the Ohio Practical Business Law Counsel reminds us “Why every client should want an attorney who blawgs.” I think she’s biased.

If only inventors had a current list of the patent blogs. Oh, wait…Brett Trout already did that! Of course, according to Marry Dudziak, the New York Review of Books thinks that the blogosphere and its inhabitants is unhelpfully narrow-minded. So maybe clients don’t want blogging attorneys. Or do they? I’m confused. As if it even matters…apparently there may be a finite number of legal blogs that can exist (according to Simple Justice ). Or maybe not (according to LexBlog).I’ll know we’ve reached capacity for patent blogs when someone starts The Fastener Quality Act Blog. Yes, there really is a The Fastener Quality Act … it “protects against the sale of mismarked, misrepresented, and counterfeit fasteners.” Even funnier is the fact that the US Patent and Trademark Office is in charge it. Next time you use a quality fastener, you know who to thank.

Usually, when inventors/patent practitioners think of the USPTO and fasteners, something else comes to mind. But, I’ll be polite and not bore you with a discussion of proposed patent rule changes and the grief it is causing the patent bar. I’ll leave that discussion to Securing Innovation (“Patent Office Professionals Oppose Bill“), the PLI Patent Blog (“Recap of GSK/Tafas v. USPTO SJ Hearing“) and the Patent Baristas (“Examination Support Document (ESD) Could Add $26,000 to Patent Costs“).

Super Bowl week…think blawgers would be talking about sports? Jaime Spencer ponders the morale boost to criminal defense attorneys given by the NY Giants’ upset of the Patriots. John Phillips talks about Employment Lessons Learned From Bobby Knight. Professor Randazza mocks the Patriots over their trademark application for “19-0.” Gene Quinn saw it too. Marty points out they’ve got three years to file that Statement of Use…maybe they were referring to NEXT year.

There were a number of other IP stories this week, for instance Ron Coleman tells an excellent story of credit cards, advertising ideas, and trademarks. Priceless. Matt Buchanan (another Ohio blogger) apparently has so much time on his hand that he has started a blog for rants (The Op/Ed Page) and a patent journal (he’s accepting submissions if any of you are interested). The Patently-O Blog ranks the presidential candidates based upon their interest level in IP matters in “Don’t forget to vote.” Russ Krajec talks about the best part of being a patent attorney…working with inventors. I completely agree…other than the few times a year where you get to work with crazy inventors (e.g., the one a couple years ago paused the interview long enough to channel a friend from another planet who told him I was telling him the truth). Mike Dillon thinks technology in-house counsel shouldn’t cave in to “patent trolls”…for the good of the industry. Easier said than done. And, just in case any of you want to take a photograph of this post, William Patry discusses the latest on whether a photograph of a copyrightable object is a derivative work.

Lawyers in the news? You betcha! How about a lawyer advertising services by sending junk faxes? Eugene Volokh discusses how the case could impact law bloggers (and suggests a better way of dealing with the problem). Simple Justice has its own take. Not to be outdone, the Drug and Device Law Blog discussed an e-mail (sent by a lawyer) accidentally sent to the wrong person (a reporter with the same last name) in “Department of Corrections.” Makes you want to go back and follow some old advice (2006) Jim Calloway previous gave us on beating Outlook’s AutoCorrect into submission.

Apparently, story telling was popular this week. We saw both “IP ADR Dictionary: “S” is for Story Telling” and Idealawg — storytelling in the practice of law. Story telling. Writer’s strike. Reality TV..in a weird combination of Wapner and Springer, May It Please The Court asked “BrideZilla and GroomKong or Legitimate Lawsuit.” Infamy or Praise talks about his love of the TV show Lost in Lost is Found, whereas a couple blogs (Volokh, Concurring Opinions, Volokh) took turns debating the classic play/movie “Twelve Angry Men.”

A few other posts that caught my eye: Health Blawg discussing Wal-Mart and health care reform, GAL discussing You Know You Work for a Great Firm When…, Slaw on Closed Networks & The Problem with Facebook (and lessons for lawyers).

Finally, apparently Blawg Review’s Ed (aka the Unknown Comic) has decided to show his face in public (again).  There are even photos circulating on the Internet…no, not THOSE photos, but these.

Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.

 

Did you know that IPLawAdvisor.com aggregates 75+ IP blogs in once place?  It’s called the IP Law Daily.

IP Law Daily is a kind of daily blawg review for IP and media law. The editors are currently reading and aggregating the posts that most interest them and which they believe will most interest people interested in copyright, trademark, media and patent law from approximately 75-100 blogs (websites) plus offering occasional postings highlighting interesting decisions, issues and news items that I come across.

I may eventually expand the blawg to cover more unique items, but that would require more resources. If you click the blogroll category you can see some of the sites being aggregated by IP Law Daily, if your site doesn’t appear there and you think it should, please send me an email with a little blurb discussing your site; it doesn’t necessarily mean that I’m not reading your site, it probably just means that I have not gotten around to creating a post about your site.

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