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Atlanta, GA, United States

Robins L.R.,Finnegan Henderson Farabow Garrett & Dunner
ACS Symposium Series | Year: 2010

Prior to examining the selection of a brand, it is essential to clarify that there is a difference between a "brand" and a "trademark." It is correct to say that "a trademark is always a brand, but a brand is not always a trademark," but that is an oversimplification. The distinction between "brand" and "trademark" is a legal one. The "brand" is the name, symbol, phrase or combination of them that the merchant uses to identify its product or service. The "trademark" is the legally recognized and protected aspect of the brand. Sometimes we substitute the term "service mark" for "trademark" when the mark is used in connection with services rather than goods. Legally, trademarks and service marks are treated the same. An example should help clarify the distinction. Suppose you purchased the domain name "chemicals.com" and used it in connection with a site that sold and/or provided information regarding industrial chemicals. Your use of the name "chemicals.com" would almost certainly be considered merely descriptive or generic, would not be recognized as a legally protected trademark and could not be enforced under the trademark laws against another party using the same or a similar term. But that is not to say that the brand is without value. The exclusivity ensured by the current domain name system could render "chemicals.com" an extremely valuable "brand.". © 2010 American Chemical Society. Source


Murphy A.,Finnegan Henderson Farabow Garrett & Dunner | Stramiello M.,Finnegan Henderson Farabow Garrett & Dunner | Lewis S.,Finnegan Henderson Farabow Garrett & Dunner | Irving T.,Finnegan Henderson Farabow Garrett & Dunner
Cold Spring Harbor Perspectives in Biology | Year: 2015

This review introduces patents and trade secrets, the two mechanisms that U.S. law provides inventors to protect their inventions. These mechanisms are mutually exclusive: One demands disclosure and the other calls for concealment. Many biotechnology innovators opt for patents, which grant legal, time-limited monopolies to eligible inventions. To obtain a patent in the United States, an invention must be useful to the public and made or altered by the hand of man. It must then clear the hurdles of noveltyand nonobviousness. If an invention can do that, obtaining a patent becomes a matter of form: Who qualifies as an inventor? Does the application demonstrate possession, stake a clear claim to the protection sought, and enable “ordinary” colleagues to replicate it? Has the inventor purposely withheld anything? This review addresses each of these hurdles as they apply to biotech inventions. © 2015, Cold Spring Harbor Laboratory Press; all rights reserved. Source


Murphy A.,Finnegan Henderson Farabow Garrett & Dunner | Stramiello M.,Finnegan Henderson Farabow Garrett & Dunner | Stroud J.,Finnegan Henderson Farabow Garrett & Dunner | Lewis S.,Finnegan Henderson Farabow Garrett & Dunner | Irving T.,Finnegan Henderson Farabow Garrett & Dunner
Cold Spring Harbor Perspectives in Medicine | Year: 2015

This review introduces the America Invents Act (AlA), a comprehensive reform of U.S. law on patentability and patent enforceability that Congress enacted in 2011. The AlA’s most publicized change transforms the United States from a “first-to-invent” system to a “first-inventor-to-file” regime, bringing U.S. patent law more in line with the patent systems of nearly every other industrialized country in the world. This new system requires small companies and independent inventors to toe the line against larger competitors in what many have called a “race to the patent office.” But a closer look at the AlA reveals several opportunities for smaller entities that may even the playing field, particularly for innovators in the biotech sector. This article addresses changes that the AlA brings to U.S. patent law, keeping an eye toward issues relevant to biotech companies. © 2015 Cold Spring Harbor Laboratory Press; all rights reserved. Source

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