Vic Lin

China patent law: Are treatments for diseases patentable?

Guest post by Tracy Che China patent agent at Beijing ZBSD Patent & Trademark Agent Ltd. Patent eligibility of the diagnosis or treatment of diseases in China Generally, methods for the diagnosis or treatment of diseases are not patent eligible in China, as stipulated in item (3) Article 25.1 Patent Law of PRC. For humane and […]

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When is the right time to trademark a product or company name?

When is the right time to file a trademark application? Trademarks differ from patents in terms of timing. Unlike patent deadlines, there is no strict due date for filing a trademark application, although there can certainly be negative consequences for waiting too long. Assuming that you do not have enough cash now to apply for […]

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Rejected trademark specimens: What to do

Why trademark specimens of use get rejected Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing […]

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What is the rule regarding foreign trademark filers and US attorneys?

What is the rule regarding USPTO trademark applications by foreign applicants and the need to have a US-licensed attorney? Effective August 3, 2019, the USPTO will require all foreign applicants to be represented by an attorney licensed to practice law in the US in order to file a US trademark application. This rule regarding representation […]

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Can a person’s name be trademarked?

Can I trademark a person’s name? Maybe. You might be able to register a person’s name as a trademark if the name meets certain conditions. Here are requirements for trademarking your own name or someone else’s name: If the name identifies a living individual, consent to register must be made of record [see TMEP 813]. […]

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How to trademark books, DVDs and creative works

What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. The specific challenge in trademarking creative works is […]

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No use of mark before filing trademark application: What happens?

Do-It-Yourself Trademark Filings There are several DIY and semi-DIY trademark services offering to help applicants file their trademark applications with the USPTO. In many cases, we see errors jeopardizing the validity of the registration. These mistakes become fatal if not timely corrected. The result is the sacrifice of the validity of the registration in exchange […]

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What is a lack of bona fide intent to use?

What is intent to use? In order to understand what something is not, it helps to begin with what it is. Intent to use refers to a trademark applicant’s intention to use a trademark in commerce. This intention forms the basis for filing a trademark application especially when the mark has not yet been used. […]

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Patenting software and business methods in Japan

Guest post by Aki Ryuka Japan Patent Attorney and founder of Ryuka IP Law Firm Japan IP High Court Says, Steak Providing System is Patent Eligible In Re. Pepper Food Service (Oct. 17, 2018) Claim 1: A system for providing a steak by guiding a customer to a standing table, hearing a weight of a […]

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