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Intellectual Property

Prenuptial Agreements for Intellectual Property Joint Ventures

Thursday, April 11, 2013

Counsel should encourage parties to consider all aspects of a potential joint venture. Like a marriage, every hope for the partnership is that it will be successful and full of good fortune. And like a good prenuptial agreement, the joint venture agreement should make the unwinding of the deal less painful.

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Walking the 'Thin' Line of Architectural Copyright

Thursday, April 11, 2013

The breadth of copyright protection available for any particular architectural design is primarily dictated by how many nonfunctional, artistic features are expressed. Most modern architectural projects are largely driven by cost efficiencies, building codes and functionality requirements rather than purely aesthetic considerations. The scope of copyright protection for certain architectural works can, accordingly, become narrow or "thin."

Legal Implications of the N.J. Trade Secrets Act

Thursday, April 11, 2013

A year after the enactment of the NJTSA, we have yet to see exactly how the act will play out in the courts. The act does, however, provide important guidelines to employers and business owners in a position to safeguard protectable information.

The Innovation Economy: IP as the Engine to Drive Entrepreneurship

Thursday, April 11, 2013

In a global economy, technology licensing and transfer of technology are important factors in strategic alliances and international joint ventures in order to maintain a competitive edge in a market economy. What role do intellectual property attorneys play in this "innovation economy," and what do they need to know?

Structure Has Little To Do with Structural Obviousness

Thursday, April 11, 2013

A recently denied petition for certiorari from a case originating in N.J. questioned the current method for determining the patentability of molecules. Obviousness had previously been found where there was a high degree of structural similarity between a new molecule and a prior art molecule. Now, courts have required a reason, apart from structure, to even select a particular molecule, a so-called "lead compound," as the starting point of the obviousness analysis.

A Race to the Patent Office Begins

Thursday, April 11, 2013

As of March 16, 2013, patent applications filed in the United States will be granted to the first inventor to file a patent application, unless the application claims priority to an application filed prior to March 16. With this shift come significant changes and challenges to the patent system.