PatentFiler Official Blog

PatentFiler is a resource offering easy-to-understand intellectual property information for small businesses and inventors.

Canadian Trademark Use Requirements Update

Takeaway: Website or application interactivity that provides Canadians with some benefit will establish a trademark use in Canada even if there is no physical presence in Canada.
Sep 04, 2018

Glacier Films v. Turchin

Takeaway: Attorney’s fees payable to a prevailing party in a Copyright Infringement action must be based on the specifics of the case at hand, not on the general presumption of the type of copyright matter at hand.
Aug 21, 2018

10,000,000th United States Patent has Issued

Takeaway: Innovation in the United States is moving at a faster pace than ever before.  The USPTO has issued 1,000,000 Patents within the last three years and two months, reaching a landmark number of 10,000,000 Patents issued as of earlier this month.
Jul 17, 2018

INTA 2018 In Seattle

Cislo & Thomas LLP proudly exhibited at the 140th Annual International Trademark Association meeting.
May 25, 2018

Harley-Davidson wins 19.2 Million in Statutory Damages

Takeaway: Even if you do not upload the infringing content on your website, you may still be liable if you are profiting from such content. Be sure to have an anti-infringement plan in place before your company grows too quickly.
May 15, 2018

What Should You do if an Inventor Refuses to Sign a Declaration for Your Patent Application?

Takeaway: Make sure to document your attempts to have inventors sign their oath and declaration in writing.

For applications filed on or after September 16, 2012 assignees may have the option of filing what is called a substitute statement instead of an oath or declaration by the inventor. This issue may arise in a number of ways; sometimes an inventor may go missing, they may pass away, or they may refuse to cooperate because they have quit their job. The solution to this problem may be to file a substitute statement on the inventor’s behalf so you may continue with the prosecution of the a...

May 04, 2018