by evansfox | Mar 17, 2013
Equitable estoppel is a legal doctrine that prevents a party from asserting a legal claim or right under principles of fairness and equity. In the 1992 en banc decision of Aukerman v. Chides Constr., the Federal Circuit identified three elements of the equitable...
by evansfox | Feb 25, 2013
After the recent wars between Apple and Samsung, the patent world has learned that design patents offer stronger protection than conventionally believed. This keeps them on the list of protection strategies to consider for new products. The allowance rate for design...
by evansfox | Feb 15, 2013
Self-publishing is a popular choice among newer or small volume print authors. Do you know how to give copyright notice of your rights? You can use a notice like this to provide notice of your rights when you publish your literary work online: Copyright © year and the...
by evansfox | Feb 14, 2013
Lawyers often help companies settle trademark disputes with consent agreements. These are agreements where the parties agree not to engage in certain behavior that could infringe the marks of the other party. It is remarkable how often the companies do not take the...
by evansfox | Feb 14, 2013
Under the Headstart accelerated examination system (AU$540 official fees), IP Australia will issue a confidential assessment within 5 working days as to whether or not the mark will encounter any official objections, including any potential cited prior trademarks. If...
by evansfox | Feb 13, 2013
Luck really does play a role in the patent process. Although most inventors and patent practitioners will not be surprised by Shine Tu’s findings, an empirical study of over 10,000 patent applications concludes that there is a wide variation in the application of...
