A copyright is generally owned by the creator of a work. If you write it, you own it. However, there is an exception to the rule. Under the “work for hire” doctrine, any work prepared by an employee within the scope of his or her employment belongs to the employer who commissioned it. For example, Read more about Protect Your Interests With A Work-For-Hire Agreement[…]
Imagine if you could own your DNA. Sounds simple enough, doesn’t it? After all, we’re all born with our own genes and DNA – it’s our own individual blueprint – so why not get to own what is already naturally ours? Seems like one ought to be able to file for a patent for genes Read more about Patenting Human Genes: Slam the Brakes[…]
Over the years, The McHattie Law Firm, LLC has received many requests from our clients to review their existing employment manuals and handbooks, paying particular attention to the intellectual property (“IP”) provisions. Invariably, not one of those manuals provided thorough, and in many cases even adequate, guidelines for employees on the company’s intellectual property “Dos Read more about Does your employee handbook adequately cover intellectual property issues? *ATTORNEY ADVERTISING*[…]
What’s in a name? That which we call a rose by any other name would smell as sweet. And that which we call a penalty by any other name would still be charged. But what if we called it a tax? Is there a difference between a penalty and a tax? Penalty is: a punishment Read more about What’s in a name? Analyzing the Affordable Care Act decision[…]
Did the America Invents Act of 2011 kill “false marking” claims for relief? Yes and no, but, mostly, yes. It is now primarily the Federal government’s responsibility to protect consumers from false claims of patent protection. Wish us the best of luck. 35 U.S.C. 292 provided: “Whoever, without the consent of the patentee, marks upon, Read more about Did the America Invents Act of 2011 Kill “False Marking” Claims for Relief?[…]
Is innovation being stifled by current policies? Having practiced intellectual property law for more than 25 years, I’ve had the singular honor of witnessing American innovation, creativity and entrepreneurial energy signal the end of every economic down turn. All those unemployed and under employed workers, having a little time and inspiration, innovate and develop new Read more about Is Innovation Being Stifled[…]