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Higher Education IP Law Report

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Happy Birthday…or not

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“Happy Birthday to You” is one of the most widely recognized songs in the world.  Did you also know that the song brings in about $2 million per year to the copyright holders?  Ever wondered why they sing something other than “Happy Birthday to You” at your favorite restaurant? All your questions about this ubiquitous… Continue Reading

Video Interview: Discussing Public Access to Results of Federally Funded Research with LXBN TV

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I recently posted “Ensuring Public Access to Results of Federally Funded Research” about the Obama administration’s recent policy memorandum requiring Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication, and requiring researchers to… Continue Reading

Ensuring Public Access to Results of Federally Funded Research

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The Obama administration has taken a step towards its goal of ensuring public access to federally funded research.  In a policy memorandum released on February 22, 2013 (see “Increasing Access to the Results of Federally Funded Scientific Research (pdf)”), the Office of Science and Technology Policy  has directed Federal agencies with more than $100M in… Continue Reading

Announcing the Winter 2013 IP & Technology Newsletter from Bond, Schoeneck & King

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  The Intellectual Property & Technology Group at Bond, Schoeneck & King, PLLC is pleased to announce the Winter 2013 IP & Technology Newsletter (pdf).  This edition of Bond’s quarterly newsletter includes the following articles: “Supreme Court Decisions Will Have Major IP Impact in 2013″ (by Jeremy P. Oczek) “Protecting Trade Secrets and Other Confidential… Continue Reading

Copyright and the Public Domain in 2013

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Like patent protection, copyright protection is limited in time.  For example, a work published in the United States is eligible for copyright protection for the life of the author plus 70 years.  Anonymous works, pseudonymous works, and works made for hire are eligible for a term of the shorter of 95 years from publication or… Continue Reading

The United States Patent and Trademark Office Issues Final Rules and Examination Guidelines for First-to-File System

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On February 14, 2013, the United States Patent and Trademark Office (“USPTO”) published final rules and guidance in the Federal Register implementing the first-inventor-to-file provisions of the America Invents Act (“AIA”), which become effective on March 16, 2013. The Proposed Rules Last summer, the USPTO published proposed rules and examination guidelines to implement the first-inventor-to-file… Continue Reading

Announcing the Spring 2012 IP & Technology Newsletter from Bond, Schoeneck & King

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The Intellectual Property & Technology Group at Bond, Schoeneck & King, PLLC is pleased to announce the official publication of the Spring 2012 IP & Technology Newsletter (pdf).  This second edition of Bond’s quarterly newsletter includes articles on: The Pinterest copyright controversy (by Blaine T. Bettinger) The U.S. Supreme Court’s Prometheus decision and the future… Continue Reading

Supreme Court Holds Diagnostic Method Claims Unpatentable in Mayo v. Prometheus

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On March 20, 2012, a unanimous Supreme Court held that patents claiming methods for refining the dosage of drugs used to treat autoimmune diseases were directed to laws of nature and therefore not eligible for patent protection. Mayo Collaborative Servs. v. Prometheus Labs. (pdf), No. 2010-1150 (March 20, 2012). This is a signficant decision that… Continue Reading

“The Scholarly Industry”

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Upblog, my co-blogger Blaine linked a Daily Princetonian article that reported concern over some harm to “the scholarly industry.” That phrase struck me, “the scholarly industry.” What does it describe and evoke in a reader’s mind? Is it a phrase that resonates positively, or negatively? It probably depends on the reader. “The Scholarly Industry” does… Continue Reading

New Rules On Researcher Ties To Corporate Sponsors

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At the Chronicle of Higher Education website, Paul Basken reports that new rules will be published in the Federal Register concerning corporate ties of researchers and required disclosures relating thereto. In a nutshell: The final form of the changes falls short of some of the more aggressive regulations suggested by Dr. Collins and the NIH…. Continue Reading

University V. University

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On July 29, 2011, a Federal Circuit panel decided Association For Molecular Pathology v. Myriad Genetics (Fed. Cir. 2011). This is an important case for patent law, as it relates to genetics. The short version is that: (i) isolated DNA is eligible for patent protection; (ii) claims directed to working with the isolated DNA, in… Continue Reading

Give A Man A Fish . . .

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At Inside Higher Ed, Paula M. Krebs writes: The institution to which I was attached, the five-campus University of Massachusetts system, understands its role in its state and region in terms inherited from the Morrill Act of 1862, which established the land-grant colleges and their obligation to train state residents in new techniques of agriculture…. Continue Reading