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Many clients of intellectual property agencies are at least several years late when they first make contact. Very often, startups will not pay any attention to intellectual property protection during the first 2-3 years in business and consider this “minor” issue only when the founders, at last, have some free time or money. This is the common scenario of how we are getting new customers for , an IP management solutions. iPNOTE The only problem here is that this issue is not secondary at all – IP litigations can drag on for years and cost companies millions of dollars. But even if it does not go to court, trying to untangle the contributions of each team member in a startup is a complicated and expensive task. To prevent this from happening, you need to correctly document all the property rights in the very beginning. In this article we’ll talk about the most common mistakes entrepreneurs make with regard to intellectual property rights and how they can be avoided. Not documenting the rights of each team member The most common problem businesses face is the loss of technology, business, or some part of it. How does this occur? When a number of people are working on a project, and the relationship between them is not formalized in any way, all joint developments can simply go to the most active team member, who starts a new company and continues to develop the project independently. Everyone makes the same mistake – due to informal relationships, startups don't document any agreements, the results of intellectual activity, and investments at the early stages of product development. This is true for any type of business: software, hardware, industrial development, etc. Many well-known companies have gone through similar situations. Here’s just one example: a key developer left the online ticketing service AnyWayAnyDay, founded his own company OneTwoTrip in 2011, and took over half of the AnyWayAnyDay market share. There is no statute of limitations for author's rights violation cases – the problem may arise even after 30 years. In theory, the author of the development, who left the company a long time ago without signing any documents, can still sue for their rights. Practically, such litigations are quite common, and companies lose millions of dollars on them. It also happens the other way around – sometimes you have to sue employees because they, without knowing it, violated the company’s rights. The Avtec Systems case can be a good example. The management of the company announced an internal contest for the creation of software. Jeffrey Peiffer developed the Orbit program, which enabled calculating the orbits of satellites. For this solution, he was rewarded $ 5,000, and the product was offered to individual customers of the company. Peiffer also made a second version of the program, which could work as a separate market product. He signed an agreement with a third-party company and began to receive profit from the sales of this second version. Avtec Systems noticed that and sued the employee. The court found that Peiffer had worked for two employers to the detriment of Avtec, so he was obliged to pay 15% of the income received for the commercial version of Orbit and continue to pay 15% to Avtec Systems. How can you avoid this? From the outset, document the entire chain of the major business decisions and the underlying technologies. Make a checklist for each employee and each development and check with it from time to time – do you understand the rights of all the team members and of your own? To ensure the rights of the company, draw up regulations on intellectual activity, on confidentiality, and non-competition, which clearly states that employees automatically transfer the rights for their developments to the company and receive remuneration in return. All software in which work is carried out should be registered with the company, while all employees (including freelancers) should have a work email address to access these services. It is also worth evaluating all the IP assets and putting them onto the company's books so that you will be able to bring this estimated value as damage in the event of theft by an employee. Applying for patents before the release version of the product is ready The second type of error concerns the untimely filing of applications for registration of rights. Many entrepreneurs begin to worry about patenting when they do not yet have the necessary resources. Nor do they have a clear understanding of the final product. Let's say you came up with the concept of a chair with arms – for the first time in the world you added a back and armrests to a stool. In a basic application, you lay out this concept and get a huge patent – now, any chair with arms will be covered by the patent. But suddenly, you realize that a chair can be without arms, and in general they are not really needed. However, you can no longer amend the patent, so all your competitors are legitimately making armless chairs, leaving you on the sidelines. How can you avoid this? Apply for registration of an invention only when you are sure of its real implementation as a product, its functionality and customers who will be willing to pay for it. Consider the question of whether you can remove anything from the product. Then it's time to register IP rights. Not researching what has already been invented and by whom Often, entrepreneurs do not conduct patent research before serious development begins. As a result, many of them reinvent the wheel – something that has already been done and that can no longer be patented. And there's another consequence. Often a team spends time and resources on solving an issue that does not allow them to move on; however, it has long been solved in the existing patents. We had such cases in our practice, too – the client had been working out a chemical formula for several months, and then we found an English patent dated 1982, in which it was clearly outlined how to do it, step by step, with numbers and tables. How can you avoid this? Research the market and patent bases at the idea stage. If you don't find similar solutions – well, you can start developing them. If you do – that's even better because you won't waste time and money on something that has long been patented. Missing the deadlines and losing the opportunity to register IP rights abroad Even if the product is intended only for the foreign market, the founders are legally bound to first file an application for the registration of a patent in their own country. This is called the basic application. After that, you can patent the product abroad, but the terms are limited. Within a year, the founder must file an application under the international patent system Patent Cooperation Treaty, PCT. Following that, for another 18 months, the startup can patent inventions in other countries. The whole process can take up to 2.5 years – for a technology startup, this is very short term. However, founders are often unaware of the tight deadlines for international patenting. They submit basic applications, start to work and miss the deadlines described above. 3-4 years pass, now they are ready to patent abroad, but this is already almost impossible – the new invention will compete with their own basic application. Let's go back to the chair example. As we remember, any chair with arms will be covered by the patent. But to get a new patent, you'll have to clarify some characteristics – for example, make the back curved or soft. So, your scope of rights will be narrowed significantly – any competitor will be able to produce chairs with arms since you can only prohibit the production of chairs with a special back. In real life, it is often almost impossible to re-patent your own application so that it remains truly expedient. How can you avoid this? Find out all the peculiarities of foreign patenting in advance: check the deadlines, consult a patent attorney, mark the dates on the calendar and carefully monitor every word in the patent application so that your inventions do not interfere with each other. Refusing to apply for international patents due to their high cost About a year after the filing of foreign applications and the beginning of the examination (in our experience, this varies from 2 months to 5 years), you will receive an invoice from the patent attorney for preparing a response to the examination request. Let's say $ 2000 for every country on the list. The cost is calculated based on the technical field in which the invention is registered, as well as the complexity of the request itself. It is impossible to postpone the payment (usually, the company is given from 3 to 6 months), so if you miss the response period, the application will be canceled. In addition, you need to pay an annual fee for maintaining a patent, and in some countries, these fees must be paid at the stage of examination of the application, while these fees increase every year. In some cases startups cannot withstand the financial burden and refuse some applications. Often this is not an informed decision – they leave the market that they have not yet researched, but for some reason, they are not interested in it. Suddenly, in a couple of years, this market turns out to be one of the top priority ones. It turns out that founders make rash decisions only due to the lack of resources, and this can be avoided. How? In almost any country in the world, for any application, the examination process can be postponed from several months to several years. You can submit an application, consolidate the priority, but start the examination process, for example, in three years. To figure out how to do this, you will have to read the regulations of the corresponding agencies in each country or region: for example, in Europe, it is impossible to postpone the examination at all, in the USA it is possible for three months subject to payment of a small additional fee, in Russia, it can be postponed for three years and in Canada up to 48 months. Not checking the patent purity Business owners often forget to analyze patent purity – they enter a new market and receive claims for infringement of other people's rights. This applies to both trademarks and patents. To carry out such an analysis, you need to take the alleged product, find all valid patents in the area of interest that relate to the product, its components or technology, and then conduct a comparative analysis for each feature. For example, you want to produce a chair with a curved back and arms in the United States. You'll need to find all valid patents for chairs. Then you take each patent and look at the signs of the formula. Suppose in one patent there are legs, a mesh seat, a curved back, and arms. It seems to have all the features of our product, but the patent points out one additional feature – a mesh seat that we do not have in our product, which means that we do not violate the patent rights. It turns out that the patent that you found has a narrower scope and does not cover your own product. In our practice, there was an example when we assessed the patent clearance in several countries for a cybersecurity startup, and they decided to include Russia for good measure even though they were certain that no patents were violated there. But it turned out that it was in Russia that they were violating a Kaspersky patent, while there were no violations in other countries. This problem is especially urgent for the Chinese market, where tens of thousands of patent applications are filed each year. The Chinese patent everything – you can enter the market with a regular chair that was invented 100 years ago and be covered by someone else's patent. The same is true for trademarks. How can you avoid this? When entering any market, order a patent clearance study or at least consult with patent attorneys. You can look through the patent databases on your own, but it is better to consult a specialist. Or you can come to an attorney with specific questions without requesting a full analysis of patent clearance, which can cost from $1500 to several tens of thousands, depending on the complexity of the product. Even if you are sure that you are not violating anything, even if it's expensive or you have no time, litigation will be even more expensive. Dealing with "patent trolls" Another common mistake is related to the trademark registration process. For example, we were applying to register a company in China for our clients. We analyzed existing applications and trademarks but did not find any similar ones. However, a year later, an expert request came in that there was an identical application for exactly the same brand; and it was filed a couple of weeks before us. We tried to find out where it came from, and it turned out that the manufacturer had issued press releases before registering the brand, where all the products were mentioned. A couple of days after the publication, these applications were submitted. Similar cases occur in other countries, too. There are entire businesses that are making money on other people's brands – these are the so-called "patent trolls". They monitor all new brands and file identical trademarks for registration, and then offer the real company to buy or withdraw their applications for a fee, and they can do the same with patents. If a company has already released goods under this brand, it will have priority in court and will probably win the case. However, the cost of such proceedings can reach millions of dollars. Sometimes it is easier and cheaper to buy your brand back from scammers, but it's still more expensive than taking care of its protection in advance. How can you avoid this? File timely applications – before any announcements, releases, even mentions of the company or brand. Conclusion Properly formalized intellectual property not only protects the rights of founders but often helps to attract investors. The fact that the company has 150 patents in 100 countries of the world adds weight in the eyes of the investor and adds to the company’s capital in the form of fixed assets. Of course, if there are certain doubts about the team, the product, and the business itself, the abundance of patents won't save anyone. But if patents are added to a steady business, it can have a great effect on increasing your capitalization.

Smart Patenting: How to Avoid Common Mistakes in Intellectual Property Protection

Technologists are constantly inventing and innovating, but the topic of patents is usually an afterthought. There could be several different reasons for this, namely expense and confusion as to how to get it done. These are totally valid concerns, but with expectations set correctly and making a few right moves early-on, you'll be better prepared for a successful outcome. Is my idea patent-able? Likely, yes. Whether it's hardware, software, a mechanical product, a system, a chemical compound, or any number of other things, it can most likely be patented. Honestly, what's most surprising is the amount of IP that isn't patented. So long as there is "uniqueness" in how your tech solves a problem, there is intellectual property and you should consider getting an opinion as to whether it's worth pursuing a patent. Which brings us to the next topic, patent attorneys. Do you need a patent attorney? In my opinion, the answer is an unequivocal "yes". But, how do you go about finding one? That's the hard part. Pretty much every mid-size and above law firm has at least one attorney that works in trademarks and patents. However, that doesn't mean they're worth a shit. A lot of general attorneys will take on patent & trademark work without being a specialist in these areas -- that's an expensive recipe for disaster. Having the right patent attorney makes the world of a difference. Here's a few tips to get started on your search. There are five Patent Office locations in the US; Alexandria, VA (headquarters), Dallas, Denver, Detroit and San Jose, CA. This is a good map of where to start your search. First, is your product IT related? It's probably a good idea to focus your search on Alexandria (Washington, D.C.) and San Jose area patent firms. Oil & Gas? Texas. You want to work with firms who know your sector inside & out. Next, select firms that ONLY work in patents & trademarks and related fields (there's a bunch out there). Most dedicated patent attorneys spent several years clerking in US Patent Offices -- this is vital. The amount of patent work attorneys are exposed to at the patent office is mind-bogling and that experience & knowledge is what you're paying for, not to mention internal knowledge of procedures and likely even camaraderie amongst the patent community. If your patent attorney doesn't check all these boxes, that doesn't mean they aren't worth their salt. But, the rationale for selecting one who does check the boxes is pretty sound. Also, I should mention that patent attorneys are really, REALLY cool people. Their knowledge is fascinating and you should feel a partnership that's different from most of the other attorneys you've probably come across. At least in my experience, they take you, the "inventor" very seriously and treat the process with an unexpected preciousness that will help you realize you're doing something that's a very special personal accomplishment, one that will follow you positively for the rest of your life. YOU are an INVENTOR now. Not many people can say that. What's it gonna cost me? Standard answer is $30k, but it's typically spread out over the two to five years it takes to get your patent approved. Most attorneys will get you started for $5k to $10k which should get you through your provisional filings and then some. Even after you have a patent in-hand, most attorneys these days leave claims open so you can extend the functionality of your IP in the future. Ka-ching. A really great patent might end up costing well over $100k in the life of its service. Said great patent might generate you untold millions of dollars in royalties though, so it should be thought of as a negligible cost of doing business. Honestly, you shouldn't worry about the cost too much. A good patent attorney will be upfront with you as to the marketability of your patent and whether it's worth pursuing. If you're broke, but your idea has a lot of potential, learn to swing a golf club and talk to some well-heeled folks about financing your research. You may be surprised how many people will jump at the chance to invest in your brilliance (for a cut, of course!). You have an idea, now you need a strategy. Great patent attorneys not only understand your product inside & out, they also understand the patent landscape and can help design your claims in such an effort that you don't get sent completely back to the drawing board. You always have a direction to go in, a leg to stand on -- this is how you get a patent. It might go in directions you didn't expect at times, but the result generally is that you'll be forced to be much more explicit in what your IP accomplishes, and how it gets it done. Go with the flow. Patent stages When the creative juices are flowing it can be hard to succinctly decide exactly what your tech will accomplish. This is what the "provisional" patent application is for. Throw all of your ideas into the provisional patent app and get it in as soon as possible so you can secure the "date" (priority). This buys you a year to further work on your IP before you'll need to submit the specific "Non-Provisional" patent application -- this is the "real" patent application. So you've spent a year or more coming up with your idea, several months whittling it down into a provisional patent application, worked another year getting ready the non-provisional app out, now what? Well, you wait a few more years for an examiner to review your application. For me personally, my first patent has been a near five year process already, from ideation in 2015/16 to today. I hope to find out that I will be awarded my patent sometime in the first half of 2021. The process is long, but things that are important take time. The time it takes is an testament to how meaningful getting a patent actually is. That said, I've seen some patents that have taken less than two years to be approved and some as long as seven years, so it really just depends on how prepared you are, and your patent strategy. Things you think about after you submit your non-provisional patent app. There's this horribly naked feeling after you submit your non-provisional app. Suddenly, all of your IP is out there on Google Patents for your competitors to parooze. Your entire strategy can typically be surmised. No way around it, this part kinda sucks. But, you get used to it and learn to trust the process. After all, once it's said and done you'll be the proper owner of your technology and have rights to pursue legal action against opportunists. Try not to think about it, there's nothing you can do to change it. Just realize that you're getting really close at this stage. And finally, I have to give a shout out to my patent attorney, Joshua Povsner of Volentine, Whitt and Francos PLLC based in Charlottesville, VA. Working with Josh has been an incredible experience -- you should keep him on your short list when searching for an IT IP attorney.

Patenting your Tech: What to Expect and Tips for a Positive Experience

Public web data is a valuable business commodity. You collect data on the internet that can give you an edge in a competitive market. Theoretically, you can collect anything from publicly available tweets, product reviews, photos, and competitor prices. Data collection is a significant challenge for small businesses that can't afford to hire a team. Oxylabs, a premium web intelligence collection platform, has leveled the playing field with its newly launched AI assistant. Businesses of all types need data to survive (and thrive) as competition for consumer time, attention, and dollars intensifies. For example, real estate agents need an extensive database of properties available for rent or sale. Many companies collect industry data to gain insight specific to that sector. For instance, a consulting firm that sells insights to oil companies needs oil prices' import and export details. A business may need retail product pricing to offer uses of comparison data. The bottom line is that information collection about potential clients or competitors is the lifeblood of an organization. The problem is that web data acquisition is a complex process that requires a lot of time and money. "In summer, together with Censuswide, we conducted a comprehensive survey of developers and web scraping practitioners in the UK and US. The data show that 74% of businesses faced an increasing demand for public web data over the last year. Unfortunately, building the necessary infrastructure and maintaining data parsers remains a heavy challenge for many companies – a proper parsing process alone can take up to 40 development hours per week for the tech teams," says Julius Černiauskas, CEO at Oxylabs. With that challenge in mind, Oxylabs set out to develop a solution to remove the roadblocks that make it difficult for businesses to scrape the web for data. His company created OxyCopilot, AI-driven software that helps companies collect the data they need easily. OxyCopilot is designed to help users save time and money on complex web data acquisition tasks. The tool is built on a combination of AI and proprietary Oxylabs technology. The platform enables web scraping professionals and those with little experience in web data collection to generate instant parsing instructions and requests for the Web Scraper API. Additionally, they can do this using nothing more than a URL and natural language prompts. According to Černiauskas, the newly released AI assistant helps level the playing field. Previously, the barrier to entry for smaller companies was formidable. Typically, they had to hire a team of web scraping professionals. Unfortunately, it's hard to find those experts in today's market. With the OxCopilot, businesses can now overcome that hurdle. Organizations can save development hours spent on repetitive web scraping tasks and devote more attention to data quality, analysis, and innovation. Additionally, businesses using Oxylabs' unified web scraping platform can bypass maintaining costly infrastructure like servers. That's refreshing news, considering that 61% of professionals identify this problem as the most pressing when collecting data on a large scale. Oxylabs has enabled companies of all sizes to utilize the power of big data. The company has been a web intelligent platform and premium proxy provider since 2015. It has emerged as a global leader in the web intelligence collection industry. The organization has also forged close ties with dozens of Fortune 500 companies. Companies such as Conductor, Trivago, and Wiser trust Oxylabs' data collection expertise. The company has made an impact with its constant innovation, extensive patent portfolio, and focus on ethical practices. In 2022, 2023, and 2024, Oxylabs was named Europe's fastest-growing web intelligence acquisition company by the Financial Times' FT 1000 list. OxyCopilot is the industry's first artificial intelligence (AI) assistant for scraping data. It is an integral part of Oxylabs Web Scraper AI, an all-in-one public web data collection platform. "We always aspired to be industry leaders through innovation, and taking a step further in the field of AI was a natural business decision for us. OxyCopilot is unique in its design, and we are currently patenting technological implementations behind it. Most importantly, it functions as a part of a broader platform that includes other AI-powered solutions, from proxy management to web unblocking," says Černiauskas. Public web data is like gold for businesses around the globe. However, gathering this information is too expensive, time-consuming, and labor-intensive for many companies. Oxylabs has introduced its new AI-driven web scraper, OxyCopilot, which saves businesses time and money. Companies can easily extract the needed data with a URL and natural language prompts. Oxylabs holds over 100 patents globally, part of them covering technologies that have AI and ML implementations. In 2023, the company obtained ISO/IEC 27001:2017 standard for excellence in information security management. "With the help of AI machine learning (ML), we are moving towards automating the entire public web data collection process," concludes Černiauskas. For more information, please visit: https://oxylabs.io/ Public web data is a valuable business commodity. You collect data on the internet that can give you an edge in a competitive market. Theoretically, you can collect anything from publicly available tweets, product reviews, photos, and competitor prices. Data collection is a significant challenge for small businesses that can't afford to hire a team. Oxylabs , a premium web intelligence collection platform, has leveled the playing field with its newly launched AI assistant. Oxylabs Oxylabs Businesses of all types need data to survive (and thrive) as competition for consumer time, attention, and dollars intensifies. For example, real estate agents need an extensive database of properties available for rent or sale. Many companies collect industry data to gain insight specific to that sector. For instance, a consulting firm that sells insights to oil companies needs oil prices' import and export details. A business may need retail product pricing to offer uses of comparison data. The bottom line is that information collection about potential clients or competitors is the lifeblood of an organization. The problem is that web data acquisition is a complex process that requires a lot of time and money. "In summer, together with Censuswide, we conducted a comprehensive survey of developers and web scraping practitioners in the UK and US. The data show that 74% of businesses faced an increasing demand for public web data over the last year. survey of developers survey of developers Unfortunately, building the necessary infrastructure and maintaining data parsers remains a heavy challenge for many companies – a proper parsing process alone can take up to 40 development hours per week for the tech teams," says Julius Černiauskas, CEO at Oxylabs. With that challenge in mind, Oxylabs set out to develop a solution to remove the roadblocks that make it difficult for businesses to scrape the web for data. His company created OxyCopilot , AI-driven software that helps companies collect the data they need easily. company created OxyCopilot company created OxyCopilot OxyCopilot is designed to help users save time and money on complex web data acquisition tasks. The tool is built on a combination of AI and proprietary Oxylabs technology. The platform enables web scraping professionals and those with little experience in web data collection to generate instant parsing instructions and requests for the Web Scraper API. Additionally, they can do this using nothing more than a URL and natural language prompts. According to Černiauskas, the newly released AI assistant helps level the playing field. Previously, the barrier to entry for smaller companies was formidable. Typically, they had to hire a team of web scraping professionals. Unfortunately, it's hard to find those experts in today's market. With the OxCopilot, businesses can now overcome that hurdle. Organizations can save development hours spent on repetitive web scraping tasks and devote more attention to data quality, analysis, and innovation. Additionally, businesses using Oxylabs' unified web scraping platform can bypass maintaining costly infrastructure like servers. That's refreshing news, considering that 61% of professionals identify this problem as the most pressing when collecting data on a large scale. Oxylabs has enabled companies of all sizes to utilize the power of big data. The company has been a web intelligent platform and premium proxy provider since 2015. It has emerged as a global leader in the web intelligence collection industry. The organization has also forged close ties with dozens of Fortune 500 companies. Companies such as Conductor, Trivago, and Wiser trust Oxylabs' data collection expertise. The company has made an impact with its constant innovation, extensive patent portfolio, and focus on ethical practices. In 2022, 2023, and 2024, Oxylabs was named Europe's fastest-growing web intelligence acquisition company by the Financial Times' FT 1000 list. OxyCopilot is the industry's first artificial intelligence (AI) assistant for scraping data. It is an integral part of Oxylabs Web Scraper AI, an all-in-one public web data collection platform. first artificial intelligence (AI) assistant first artificial intelligence (AI) assistant "We always aspired to be industry leaders through innovation, and taking a step further in the field of AI was a natural business decision for us. OxyCopilot is unique in its design, and we are currently patenting technological implementations behind it. Most importantly, it functions as a part of a broader platform that includes other AI-powered solutions, from proxy management to web unblocking," says Černiauskas. Public web data is like gold for businesses around the globe. However, gathering this information is too expensive, time-consuming, and labor-intensive for many companies. Oxylabs has introduced its new AI-driven web scraper , OxyCopilot, which saves businesses time and money. Companies can easily extract the needed data with a URL and natural language prompts. AI-driven web scraper AI-driven web scraper Oxylabs holds over 100 patents globally, part of them covering technologies that have AI and ML implementations. In 2023, the company obtained ISO/IEC 27001:2017 standard for excellence in information security management. "With the help of AI machine learning (ML), we are moving towards automating the entire public web data collection process," concludes Černiauskas. For more information, please visit: https://oxylabs.io/ https://oxylabs.io/

Oxylabs Has Changed How Web Scraping Is Done With a New AI-Powered Solution

لقد قامت شركة Oxylabs بتغيير طريقة استخراج البيانات من الويب باستخدام حل جديد يعمل بالذكاء الاصطناعي

Oxylabs промени начина, по който се извършва уеб скрапирането с ново решение, базирано на AI

অক্সিল্যাবস পরিবর্তন করেছে কিভাবে একটি নতুন এআই-চালিত সমাধান দিয়ে ওয়েব স্ক্র্যাপিং করা হয়

Oxylabs ha cambiado la forma de extraer datos de la web con una nueva solución impulsada por IA

Oxylabs Telah Mengubah Cara Pengikisan Web Dilakukan Dengan Solusi Baru Bertenaga AI

Oxylabs は、新しい AI 搭載ソリューションで Web スクレイピングの方法を変えました

Oxylabs ໄດ້ປ່ຽນແປງວິທີການຂູດເວັບແມ່ນເຮັດດ້ວຍການແກ້ໄຂ AI-Powered ໃຫມ່

Oxylabs нь хиймэл оюун ухаанаар ажилладаг шинэ шийдлээр вэб хусах аргыг өөрчилсөн

Oxylabs Telah Mengubah Cara Pengikisan Web Dilakukan Dengan Penyelesaian Dikuasakan AI Baharu

Oxylabs Yakashandura Sei Web Scraping Inoitwa NeNew AI-Powered Solution

Oxylabs ka ndryshuar mënyrën se si bëhet scraping në ueb me një zgjidhje të re të fuqizuar nga AI

Binago ng Oxylabs Kung Paano Ginagawa ang Web Scraping Gamit ang Bagong AI-Powered Solution

As digital assets and blockchain technologies reshape industries, understanding the legal landscape is crucial for businesses and innovators. Steve Wang, an associate with Caldwell Law specializing in intellectual property and technology transactions, shares his insights on the multifaceted legal challenges in this rapidly evolving domain. The regulatory landscape for blockchain technologies and digital assets is continually evolving. Companies must stay informed about the latest regulations and guidelines to ensure compliance and avoid legal pitfalls. Current challenges include the complexity of rules and regulations and the lack of clear guidelines at state, federal, and global levels. Inconsistent interpretations of legal frameworks, such as the Howey test for cryptocurrencies, can deter investors and disrupt markets. Intellectual property issues also arise with NFTs, impacting their creation, reproduction, sale, and transfer. "Inconsistent interpretations of existing legal frameworks, such as the Howey test for cryptocurrencies, can deter investors and innovators and cause market disruption," Steve explains. "Additionally, intellectual property issues often arise with NFTs in terms of their creation, reproduction, sale, and transfer." Industry-Specific Legal Considerations In the sustainable and green tech sectors, unique legal aspects include government regulations for creating and trading tokenized carbon credits, assessing environmental impacts, verifying permits, and the enforceability of smart contracts. Companies in supply chain, transportation, and waste management are increasingly adopting blockchain to monitor and reduce their carbon footprint in exchange for tokenized carbon credits. Legal expertise in blockchain, environmental law, intellectual property law, and contract law is crucial for these companies. "Companies in supply chain, transportation, and waste management have started to adopt blockchain technology to monitor and reduce their carbon footprint in exchange for tokenized carbon credits," Steve explains. "Consulting with legal experts in blockchain, environmental law, intellectual property law, and contract law is crucial for these companies." Additionally, in satellite communication and remote sensing, regulations related to dual-use technology, intellectual property rights, data privacy, cybersecurity, and export restrictions pose unique challenges. Dual-use technology, which can be used for both civilian and military applications, often requires export licenses. Navigating intellectual property and cybersecurity regulations ensures compliance with federal and international laws. Advanced Technologies and IP Patent subject matter eligibility under 35 U.S.C. Sec. 101 presents significant challenges for companies working in digital image processing, AI, and ML. The Alice/Mayo test, established by the U.S. Supreme Court, is the framework for determining patent eligibility of inventions. The success of obtaining patent protection for AI/ML technologies depends on how the patent application describes significant technical improvements or non-conventional steps for a technical solution. Companies in big data analytics and environmental and molecular biology must secure their intellectual property and comply with evolving regulations, addressing challenges related to data privacy, IP ownership, and regulatory compliance. "The likelihood of successfully obtaining patent protection for AI/ML technologies depends on how the patent application describes significant technical improvements or non-conventional steps for a technical solution," Steve advises. Transaction Due Diligence and Compliance When engaging in transactions involving digital assets, companies with significant IP portfolios must maintain a complete list of all IP assets and related documents. This includes verifying the validity of IP assets and ensuring proper chain of title and ownership. Conducting a freedom-to-operate analysis to avoid infringing third-party IP rights and reviewing any litigation history or settlement agreements is essential. "Conducting a freedom-to-operate analysis to avoid infringing third-party IP rights and reviewing any litigation history or settlement agreements is also essential," Steve adds. Legal pitfalls to be aware of when purchasing company assets with software or acquiring tech-focused companies include verifying IP ownership, addressing open-source software issues, and complying with export control restrictions. Patenting and IP Protection Patenting AI and ML technologies is challenging due to patent subject matter eligibility issues. Describing unique technical improvements in the patent application and staying updated with USPTO guidelines are key strategies. Working with an experienced patent attorney, conducting a patent landscape search, formulating a patent filing strategy, and utilizing the USPTO's prioritized patent examination program (Track One) can help secure patent protection quickly and create a robust IP portfolio. Having a patent family with multiple members can also add significant value to an IP portfolio. "Having a patent family with multiple members can also be an effective way to bring additional value to an IP portfolio," said Steve. Compliance and Risk Management Ensuring regulatory compliance and developing effective risk management strategies are crucial for mitigating potential legal risks associated with digital assets. Companies must stay informed about relevant IP, data privacy, employment, and contract laws in all jurisdictions where they operate. By understanding these legal challenges and leveraging expert advice, companies can navigate the complex digital asset landscape more effectively, fostering innovation while ensuring compliance and protecting their intellectual property. As digital assets and blockchain technologies reshape industries, understanding the legal landscape is crucial for businesses and innovators. Steve Wang, an associate with Caldwell Law specializing in intellectual property and technology transactions, shares his insights on the multifaceted legal challenges in this rapidly evolving domain. Caldwell Law The regulatory landscape for blockchain technologies and digital assets is continually evolving. Companies must stay informed about the latest regulations and guidelines to ensure compliance and avoid legal pitfalls. Current challenges include the complexity of rules and regulations and the lack of clear guidelines at state, federal, and global levels. Inconsistent interpretations of legal frameworks, such as the Howey test for cryptocurrencies, can deter investors and disrupt markets. Intellectual property issues also arise with NFTs, impacting their creation, reproduction, sale, and transfer. "Inconsistent interpretations of existing legal frameworks, such as the Howey test for cryptocurrencies, can deter investors and innovators and cause market disruption," Steve explains. "Additionally, intellectual property issues often arise with NFTs in terms of their creation, reproduction, sale, and transfer." "Inconsistent interpretations of existing legal frameworks, such as the Howey test for cryptocurrencies, can deter investors and innovators and cause market disruption," Steve explains. "Additionally, intellectual property issues often arise with NFTs in terms of their creation, reproduction, sale, and transfer." Industry-Specific Legal Considerations Industry-Specific Legal Considerations In the sustainable and green tech sectors, unique legal aspects include government regulations for creating and trading tokenized carbon credits, assessing environmental impacts, verifying permits, and the enforceability of smart contracts. Companies in supply chain, transportation, and waste management are increasingly adopting blockchain to monitor and reduce their carbon footprint in exchange for tokenized carbon credits. Legal expertise in blockchain, environmental law, intellectual property law, and contract law is crucial for these companies. "Companies in supply chain, transportation, and waste management have started to adopt blockchain technology to monitor and reduce their carbon footprint in exchange for tokenized carbon credits," Steve explains. "Consulting with legal experts in blockchain, environmental law, intellectual property law, and contract law is crucial for these companies." "Companies in supply chain, transportation, and waste management have started to adopt blockchain technology to monitor and reduce their carbon footprint in exchange for tokenized carbon credits," Steve explains. "Consulting with legal experts in blockchain, environmental law, intellectual property law, and contract law is crucial for these companies." Additionally, in satellite communication and remote sensing, regulations related to dual-use technology, intellectual property rights, data privacy, cybersecurity, and export restrictions pose unique challenges. Dual-use technology, which can be used for both civilian and military applications, often requires export licenses. Navigating intellectual property and cybersecurity regulations ensures compliance with federal and international laws. Advanced Technologies and IP Advanced Technologies and IP Patent subject matter eligibility under 35 U.S.C. Sec. 101 presents significant challenges for companies working in digital image processing, AI, and ML. The Alice/Mayo test, established by the U.S. Supreme Court, is the framework for determining patent eligibility of inventions. The success of obtaining patent protection for AI/ML technologies depends on how the patent application describes significant technical improvements or non-conventional steps for a technical solution. Companies in big data analytics and environmental and molecular biology must secure their intellectual property and comply with evolving regulations, addressing challenges related to data privacy, IP ownership, and regulatory compliance. "The likelihood of successfully obtaining patent protection for AI/ML technologies depends on how the patent application describes significant technical improvements or non-conventional steps for a technical solution," Steve advises. "The likelihood of successfully obtaining patent protection for AI/ML technologies depends on how the patent application describes significant technical improvements or non-conventional steps for a technical solution," Steve advises. Transaction Due Diligence and Compliance Transaction Due Diligence and Compliance When engaging in transactions involving digital assets, companies with significant IP portfolios must maintain a complete list of all IP assets and related documents. This includes verifying the validity of IP assets and ensuring proper chain of title and ownership. Conducting a freedom-to-operate analysis to avoid infringing third-party IP rights and reviewing any litigation history or settlement agreements is essential. "Conducting a freedom-to-operate analysis to avoid infringing third-party IP rights and reviewing any litigation history or settlement agreements is also essential," Steve adds. "Conducting a freedom-to-operate analysis to avoid infringing third-party IP rights and reviewing any litigation history or settlement agreements is also essential," Steve adds. Legal pitfalls to be aware of when purchasing company assets with software or acquiring tech-focused companies include verifying IP ownership, addressing open-source software issues, and complying with export control restrictions. Patenting and IP Protection Patenting and IP Protection Patenting AI and ML technologies is challenging due to patent subject matter eligibility issues. Describing unique technical improvements in the patent application and staying updated with USPTO guidelines are key strategies. Working with an experienced patent attorney, conducting a patent landscape search, formulating a patent filing strategy, and utilizing the USPTO's prioritized patent examination program (Track One) can help secure patent protection quickly and create a robust IP portfolio. Having a patent family with multiple members can also add significant value to an IP portfolio. USPTO's prioritized patent examination program (Track One) "Having a patent family with multiple members can also be an effective way to bring additional value to an IP portfolio," said Steve. "Having a patent family with multiple members can also be an effective way to bring additional value to an IP portfolio," said Steve. Compliance and Risk Management Compliance and Risk Management Ensuring regulatory compliance and developing effective risk management strategies are crucial for mitigating potential legal risks associated with digital assets. Companies must stay informed about relevant IP, data privacy, employment, and contract laws in all jurisdictions where they operate. By understanding these legal challenges and leveraging expert advice, companies can navigate the complex digital asset landscape more effectively, fostering innovation while ensuring compliance and protecting their intellectual property.

Navigating Legal Challenges in the Digital Asset Space: Insights from Steve Wang

Is your intellectual property protected? It should be — it’s the lifeblood of the tech industry, after all. If you want your startup to succeed, you should figure out how to use patents to safeguard your inventions. Types of Patents Tech Startups Can Get As a tech entrepreneur in the United States, you can choose from three patent types. Utility Utility patents protect machines, systems, and processes. It must be useful — meaning it provides an identifiable benefit and has a clear purpose — instead of being ornamental. Its terms extend to up to 20 years from the date you first file the non-provisional application. Design Design patents protect the exterior, ornamental design of your “useful” invention. If you have a new, original look you don’t want others using, file for one of these. It has a term of 15 years from the date you receive the grant. Provisional Provisional patents are temporary placeholders — they’re only good for one year. You file for one when you want to protect your idea but can’t commit to a non-provisional patent yet. It grants you a “patent pending” status. Why Your Tech Startup Needs a Patent Think of a patent as a strategic asset in your company’s growth — it protects intellectual property, safeguarding your inventions from your competitors. It prevents them from recreating, emulating, or reproducing your invention without your authorization. Patents reduce competition, which generates revenue. They also add value to your startup, helping you foster invaluable partnerships with larger businesses. They may even give you opportunities to sell for a huge profit. After all, procurements make up about 50% of a firm’s spending. The Cost of Patenting Your Tech Invention Patent applications are expensive. Considering over 40% of small businesses applied for loans in 2020, you might not have enough liquid assets lying around. You should probably reevaluate your budget, especially if you’re paying off debt. Filing, examination, and publication cost money, as well. For instance, the basic filing fee is $320 for utility patents. Miscellaneous fees also exist for reissuing or filing incorrectly. Once your request is approved, you pay thousands of dollars every few years to keep your patent. Fortunately, you can get an 80% fee reduction if you qualify for “micro entity status,” meaning you earn under the maximum qualifying gross income limit, have less than 500 employees, and operate in the United States. Good thing you’re an entrepreneur, huh? Common Patent Process Mistakes to Avoid Your invention must meet four basic conditions to be accepted — it has to be usable, be unique, have a clear description, and be non-obvious. In other words, you can’t just make a small change to an existing product or develop software that does the job any alternative can do. Wait, is your invention ready? You’ll want to assess your target market, consumer demand, and production feasibility before committing to the expensive, time-consuming patent process. Consider filing for provisional to safeguard your idea until you’re ready. You’re probably excited about your invention, but don’t give in to temptation and tell others about it. Being a tech entrepreneur, you probably already know how valuable intellectual property is. However, know that publicizing it before filing makes it non-patentable. Steps for Securing a Patent as a Tech Entrepreneur Here’s a simplified version of the patent process — without all the legal jargon. 1. Conduct Patentability and Freedom to Operate Searches Conduct patentability and freedom to operate searches as early as possible. While the first identifies prior art — existing public inventions — to ensure your invention is unique, the second lets you know whether you’re infringing on someone else’s patent. 2. Draft Your Patent Application Drafting is a complex process. You must include detailed descriptions with specific terms, elaborate on structures and processes, and craft precise drawings. According to the U.S. Patent and Trademark Office, your invention’s description is the most important part of your application. 3. Select the Jurisdiction You Want to File Your Patent In Filing jurisdiction determines enforceability, potential competition, and fee costs. According to The World Intellectual Property Organization, 85% of patent filers choose China, the U.S., Japan, South Korea or Europe. 4. File the Patent Application With the Relevant Patent Office Examiners make sure your request meets all pre-defined conditions, rules, and laws. They’ll either ask for clarification, raise objections, or grant your patent. If they reach out, respond as soon as possible to move the process along. When to Consider Hiring a Patent Attorney While this information may make the patent process sound simple, it’s anything but. To put its legal intricacies into perspective, the U.S. Patent and Trademark Office’s “consolidated” rules sheet is over 500 pages long. A patent attorney can help you navigate the legal complexities of drafting and filing. Although hiring them costs money, they can help you save. With their help, your odds of avoiding costly, unnecessary fees increases. Find one in the jurisdiction you plan on filing in. Don’t Rush the Patent Process Even with an attorney, the patent process is time-consuming and drawn-out. Don’t worry about making money or cornering the market immediately — consider this time an investment in your startup’s future. Patience and diligence are key. Is your intellectual property protected? It should be — it’s the lifeblood of the tech industry, after all. If you want your startup to succeed, you should figure out how to use patents to safeguard your inventions. Types of Patents Tech Startups Can Get As a tech entrepreneur in the United States, you can choose from three patent types. Utility Utility patents protect machines, systems, and processes. It must be useful — meaning it provides an identifiable benefit and has a clear purpose — instead of being ornamental. Its terms extend to up to 20 years from the date you first file the non-provisional application. extend to up to 20 years extend to up to 20 years Design Design patents protect the exterior, ornamental design of your “useful” invention. If you have a new, original look you don’t want others using, file for one of these. It has a term of 15 years from the date you receive the grant. Provisional Provisional patents are temporary placeholders — they’re only good for one year. You file for one when you want to protect your idea but can’t commit to a non-provisional patent yet. It grants you a “patent pending” status. Why Your Tech Startup Needs a Patent Think of a patent as a strategic asset in your company’s growth — it protects intellectual property, safeguarding your inventions from your competitors. It prevents them from recreating, emulating, or reproducing your invention without your authorization. Patents reduce competition, which generates revenue. They also add value to your startup, helping you foster invaluable partnerships with larger businesses. They may even give you opportunities to sell for a huge profit. After all, procurements make up about 50% of a firm’s spending. make up about 50% make up about 50% The Cost of Patenting Your Tech Invention Patent applications are expensive. Considering over 40% of small businesses applied for loans in 2020, you might not have enough liquid assets lying around. You should probably reevaluate your budget, especially if you’re paying off debt. over 40% of small businesses over 40% of small businesses Filing, examination, and publication cost money, as well. For instance, the basic filing fee is $320 for utility patents. Miscellaneous fees also exist for reissuing or filing incorrectly. Once your request is approved, you pay thousands of dollars every few years to keep your patent. basic filing fee is $320 basic filing fee is $320 Fortunately, you can get an 80% fee reduction if you qualify for “micro entity status,” meaning you earn under the maximum qualifying gross income limit, have less than 500 employees, and operate in the United States. Good thing you’re an entrepreneur, huh? an 80% fee reduction an 80% fee reduction Common Patent Process Mistakes to Avoid Your invention must meet four basic conditions to be accepted — it has to be usable, be unique, have a clear description, and be non-obvious. In other words, you can’t just make a small change to an existing product or develop software that does the job any alternative can do. Wait, is your invention ready? You’ll want to assess your target market, consumer demand, and production feasibility before committing to the expensive, time-consuming patent process. Consider filing for provisional to safeguard your idea until you’re ready. You’re probably excited about your invention, but don’t give in to temptation and tell others about it. Being a tech entrepreneur, you probably already know how valuable intellectual property is. However, know that publicizing it before filing makes it non-patentable. Steps for Securing a Patent as a Tech Entrepreneur Here’s a simplified version of the patent process — without all the legal jargon. 1. Conduct Patentability and Freedom to Operate Searches Conduct patentability and freedom to operate searches as early as possible. While the first identifies prior art — existing public inventions — to ensure your invention is unique, the second lets you know whether you’re infringing on someone else’s patent. 2. Draft Your Patent Application Drafting is a complex process. You must include detailed descriptions with specific terms, elaborate on structures and processes, and craft precise drawings. According to the U.S. Patent and Trademark Office, your invention’s description is the most important part of your application. is the most important part is the most important part 3. Select the Jurisdiction You Want to File Your Patent In Filing jurisdiction determines enforceability, potential competition, and fee costs. According to The World Intellectual Property Organization, 85% of patent filers choose China, the U.S., Japan, South Korea or Europe. 85% of patent filers 85% of patent filers 4. File the Patent Application With the Relevant Patent Office Examiners make sure your request meets all pre-defined conditions, rules, and laws. They’ll either ask for clarification, raise objections, or grant your patent. If they reach out, respond as soon as possible to move the process along. When to Consider Hiring a Patent Attorney While this information may make the patent process sound simple, it’s anything but. To put its legal intricacies into perspective, the U.S. Patent and Trademark Office’s “consolidated” rules sheet is over 500 pages long. is over 500 pages is over 500 pages A patent attorney can help you navigate the legal complexities of drafting and filing. Although hiring them costs money, they can help you save. With their help, your odds of avoiding costly, unnecessary fees increases. Find one in the jurisdiction you plan on filing in. Don’t Rush the Patent Process Even with an attorney, the patent process is time-consuming and drawn-out. Don’t worry about making money or cornering the market immediately — consider this time an investment in your startup’s future. Patience and diligence are key.

Navigating the Patent Process for Tech Entrepreneurs

How to Improve the Parallelization of Torch Dataloaders Using Torch.multiprocessing

কিভাবে Torch.multiprocessing ব্যবহার করে টর্চ ডেটালোডারের সমান্তরালকরণ উন্নত করা যায়

So verbessern Sie die Parallelisierung von Torch-Dataloadern mit Torch.multiprocessing

Cómo mejorar la paralelización de los cargadores de datos de Torch mediante el multiprocesamiento de Torch.

Comment améliorer la parallélisation des chargeurs de données Torch à l'aide de Torch.multiprocessing

Torch.multiprocessing का उपयोग करके Torch डेटालोडर्स के समानांतरीकरण में सुधार कैसे करें

Torch.multiprocessing を使用して Torch データローダーの並列化を改善する方法

Torch.multiprocessing을 사용하여 Torch 데이터 로더의 병렬화를 개선하는 방법

Como melhorar a paralelização de dataloaders Torch usando Torch.multiprocessing

Как улучшить распараллеливание загрузчиков данных Torch с помощью Torch.multiprocessing

Torch.multiprocessing Kullanılarak Torch Veri Yükleyicilerinin Paralelleştirilmesi Nasıl Geliştirilir?

Cách cải thiện tính năng song song hóa của bộ tải dữ liệu Torch bằng Torch.multiprocessing

如何使用 Torch.multiprocessing 提高 Torch 数据加载器的并行化

Eyes Forward: The World of Smart Contact Lens Patents 

Scientific American, Vol. XXXVII.—No. 2. [New Series.], July 14, 1877 by Various, is part of the HackerNoon Books Series. You can jump to any chapter in this book . BOOT AND SHOE MACHINERY. here BOOT AND SHOE MACHINERY. No manufacturers have taken greater advantage of the ingenuity of the mechanical engineer than the American boot and shoe makers. Nearly every operation in the complex process of evolving finished boots from the plain skins of leather is the object of a special class of machinery; and for several years past, we have weekly chronicled the patenting of several improvements in the devices for effecting some of the numerous operations. We present herewith a series of eight labor-saving machines of the most approved construction, which we select from Knight's "American Mechanical Dictionary."[1] Published in numbers by Messrs. Hurd & Houghton, New York city. Fig. 1 is a shoe-edge trimmer, in which the shoe is mounted on a jack, the carriage of which has a motion of translation and rotation communicated to it: so that, while the side of the sole is being trimmed, the shoe is fed longitudinally against the knife, but at the toe and heel is rotated beneath it. The knife is universally jointed, to permit the hands of the operator to determine the different bevels cut. ![Boot and Shoe Machinery Fig. 2 ](https://cdn.hackernoon.com/images/gQK8BrKBD4ehL3obNS4vfM2m8RB2-i6a3w33.jpeg) Fig. 2 is an ingenious little machine for placing the eyelets of the lace holes in position, and fastening them. The eyelets are fed, one by one, from the reservoir at the top, down the inclined ways, and are seized at the foot between the plunger and anvil, and they are riveted in their proper places in the shoe or strip of leather, which is held and fed by the operator. Fig. 4 is a machine for pressing together the "lifts" which compose a boot or shoe heel, thus dispensing with the handiwork of the hammer and lapstone. The bed is adjusted vertically by a screw to any thickness to which the blank heel may be built; and the plunger is brought down by the depression of the treadle with such force as to compact the lifts together. Fig. 5 shows a heel-pricking machine. When the lifts of the heel are fairly pressed together by the appliance shown in Fig. 4, the pricking machine pierces the necessary holes through all the lifts at once by a gang of awls. The compressed heels are first secured together by tacking, and then placed on the platen; and the plunger, with its gang of awls, descends with great force. Fig. 5 shows a heel-pricking machine. When the lifts of the heel are fairly pressed together by the appliance shown in Fig. 4, the pricking machine pierces the necessary holes through all the lifts at once by a gang of awls. The compressed heels are first secured together by tacking, and then placed on the platen; and the plunger, with its gang of awls, descends with great force. Fig. 6 is a heel trimmer, known in the trade as the Coté trimmer. The shoe is held stationary by the treadle clamp; and the knife stock, which is centrally pivoted to the outer plate or jaw bearing upon the tread lift, is then grasped in the hands of the operator, and moved to give a sweeping cut to trim the heel. Fig. 7 is a machine for pressing boot soles. Beneath the crosshead of the press is a swinging bed, on each end of which is a form, in order that a shoe may remain under pressure upon one while the operator is placing another shoe on the other. The pressure is given by the treadle, which brings down the upper platen on the channeled sole. About HackerNoon Book Series: We bring you the most important technical, scientific, and insightful public domain books. This book is part of the public domain. Various (2012). Scientific American, Vol. XXXVII. —No. 2. [New Series.], July 14, 1877. Urbana, Illinois: Project Gutenberg. Retrieved https://www.gutenberg.org/cache/epub/38481/pg38481-images.html This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at , located at . www.gutenberg.org https://www.gutenberg.org/policy/license.html

BOOT AND SHOE MACHINERY

Oracle vs. Google (2014) Court Filing, retrieved on May 9, 2014, is part of . You can jump to any part in this filing . This is part 15 of 16. HackerNoon’s Legal PDF Series here III. GOOGLE’S POLICY-BASED ARGUMENTS Many of Google’s arguments, and those of some amici, appear premised on the belief that copyright is not the correct legal ground upon which to protect intellectual property rights to software programs; they opine that patent protection for such programs, with its insistence on non-obviousness, and shorter terms of protection, might be more applicable, and sufficient. Indeed, the district court’s method of operation analysis seemed to say as much. Copyrightability Decision, 872 F. Supp. 2d at 984 (stating that this case raises the question of “whether the copyright holder is more appropriately asserting an exclusive right to a functional system, process, or method of operation that belongs in the realm of patents, not copyrights”). Google argues that “[a]fter Sega, developers could no longer hope to protect [software] interfaces by copyright . . . Sega signaled that the only reliable means for protecting the functional requirements for achieving interoperability was by patenting them.” Appellee Br. 40 (quoting Pamela Samuelson, Are Patents on Interfaces Impeding Interoperability? 93 Minn. L. Rev. 1943, 1959 (2009)). And, Google relies heavily on articles written by Professor Pamela Samuelson, who has argued that “it would be best for a commission of computer program experts to draft a new form of intellectual property law for machine-readable programs.” Pamela Samuelson, CONTU Revisited: The Case Against Copyright Protection for Computer Programs in Machine-Readable Form, 1984 Duke L.J. 663, 764 (1984). Professor Samuelson has more recently argued that “Altai and Sega contributed to the eventual shift away from claims of copyright in program interfaces and toward reliance on patent protection. Patent protection also became more plausible and attractive as the courts became more receptive to software patents.” Samuelson, 93 Minn. L. Rev. at 1959. Although Google, and the authority on which it relies, seem to suggest that software is or should be entitled to protection only under patent law—not copyright law— several commentators have recently argued the exact opposite. See Technology Quarterly, Stalking Trolls, ECONOMIST, Mar. 8, 2014, http://www.economist. com/news/technology-quarterly/21598321-intellectualproperty-after-being-blamed-stymying-innovationamerica-vague (“[M]any innovators have argued that the electronics and software industries would flourish if companies trying to bring new technology (software innovations included) to market did not have to worry about being sued for infringing thousands of absurd patents at every turn. A perfectly adequate means of protecting and rewarding software developers for their ingenuity has existed for over 300 years. It is called copyright.”); Timothy B. Lee, Will the Supreme Court save us from software patents?, WASH. POST, Feb. 26, 2014, 1:13 PM, http://www.washingtonpost.com/blogs/the-switch/wp/ 2014/02/26/will-the-supreme-court-save-us-from-softwarepatents/ (“If you write a book or a song, you can get copyright protection for it. If you invent a new pill or a better mousetrap, you can get a patent on it. But for the last two decades, software has had the distinction of being potentially eligible for both copyright and patent protection. Critics say that’s a mistake. They argue that the complex and expensive patent system is a terrible fit for the fast-moving software industry. And they argue that patent protection is unnecessary because software innovators already have copyright protection available.”). Importantly for our purposes, the Supreme Court has made clear that “[n]either the Copyright Statute nor any other says that because a thing is patentable it may not be copyrighted.” Mazer v. Stein, 347 U.S. 201, 217 (1954). Indeed, the thrust of the CONTU Report is that copyright is “the most suitable mode of legal protection for computer software.” Peter S. Menell, An Analysis of the Scope of Copyright Protection for Application Programs, 41 Stan. L. Rev. 1045, 1072 (1989); see also CONTU Report at 1 (recommending that copyright law be amended “to make it explicit that computer programs, to the extent that they embody an author’s original creation, are proper subject matter of copyright”). Until either the Supreme Court or Congress tells us otherwise, we are bound to respect the Ninth Circuit’s decision to afford software programs protection under the copyright laws. We thus decline any invitation to declare that protection of software programs should be the domain of patent law, and only patent law. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 10-CV-3561 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. law.justia.com

Google Argues Patent Protection for Software Programs is More Appropriate Than Copyright Laws

The Secret of Chimneys by Agatha Christie, is part of the HackerNoon Books Series. You can jump to any chapter in this book here . The American Visitor XIII. The American Visitor Superintendent Battle replaced the sheet with the slightly crest-fallen air of a man whose best point has fallen flat. Anthony stood with his hands in his pockets lost in thought. “So that’s what old Lollipop meant when he talked about ‘other means,’” he murmured at last. “I beg your pardon, Mr. Cade?” “Nothing, superintendent. Forgive my abstraction. You see, I—or rather my friend, Jimmy McGrath, has been very neatly done out of a thousand pounds.” “A thousand pounds is a nice sum of money,” said Battle. “It isn’t the thousand pounds so much,” said Anthony, “though I agree with you that it’s a nice sum of money. It’s being done that maddens me. I handed over that manuscript like a little woolly lamb. It hurts, superintendent, indeed it hurts.” The detective said nothing. “Well, well,” said Anthony. “Regrets are vain, and all may not yet be lost. I’ve only got to get hold of dear old Stylptitch’s Reminiscences between now and next Wednesday and all will be gas and gaiters.” “Would you mind coming back to the Council Chamber, Mr. Cade? There’s one little thing I want to point out to you.” Back in the Council Chamber, the detective strode over at once to the middle window. “I’ve been thinking, Mr. Cade. This particular window is very stiff, very stiff indeed. You might have been mistaken in thinking that it was fastened. It might just have stuck. I’m sure—yes, I’m almost sure, that you were mistaken.” Anthony eyed him keenly. “And supposing I say that I’m quite sure I was not?” “Don’t you think you could have been?” said Battle, looking at him very steadily. “Well, to oblige you, superintendent, yes.” Battle smiled in a satisfied fashion. “You’re quick in the uptake, sir. And you’ll have no objection to saying so, careless like, at a suitable moment?” “None whatever. I——” He paused, as Battle gripped his arm. The superintendent was bent forward, listening. Enjoining silence on Anthony with a gesture, he tiptoed noiselessly to the door, and flung it suddenly open. On the threshold stood a tall man with black hair neatly parted in the middle, china blue eyes with a particularly innocent expression, and a large placid face. “Your pardon, gentlemen,” he said in a slow drawling voice with a pronounced transatlantic accent. “But is it permitted to inspect the scene of the crime? I take it that you are both gentlemen from Scotland Yard?” “I have not that honour,” said Anthony. “But this gentleman is Superintendent Battle of Scotland Yard.” “Is that so?” said the American gentleman, with a great appearance of interest. “Pleased to meet you, sir. My name is Hiram P. Fish, of New York City.” “What was it you wanted to see, Mr. Fish?” asked the detective. The American walked gently into the room, and looked with much interest at the dark patch on the floor. “I am interested in crime, Mr. Battle. It is one of my hobbies. I have contributed a monograph to one of our weekly periodicals on the subject ‘Degeneracy and the Criminal.’” As he spoke, his eyes went gently round the room, seeming to note everything in it. They rested just a shade longer on the window. “The body,” said Superintendent Battle, stating a self-evident fact, “has been removed.” “Surely,” said Mr. Fish. His eyes went on to the panelled walls. “Some remarkable pictures in this room, gentlemen. A Holbein, two Van Dycks, and, if I am not mistaken, a Velasquez. I am interested in pictures—and likewise in first editions. It was to see his first editions that Lord Caterham was so kind as to invite me down here.” He sighed gently. “I guess that’s all off now. It would show a proper feeling I suppose, for the guests to return to town immediately?” “I’m afraid that can’t be done, sir,” said Superintendent Battle. “Nobody must leave the house until after the inquest.” “Is that so? And when is the inquest?” “May be to-morrow, may not be until Monday. We’ve got to arrange for the autopsy and see the Coroner.” “I get you,” said Mr. Fish. “Under the circumstances, though, it will be a melancholy party.” Battle led the way to the door. “We’d best get out of here,” he said. “We’re keeping it locked still.” He waited for the other two to pass through, and then turned the key and removed it. “I opine,” said Mr. Fish, “that you are seeking for fingerprints?” “Maybe,” said the superintendent laconically. “I should say to that, on a night such as last night, an intruder would have left footprints on the hardwood floor.” “None inside, plenty outside.” “Mine,” explained Anthony cheerfully. The innocent eyes of Mr. Fish swept over him. “Young man,” he said, “you surprise me.” They turned a corner, and came out into the big wide hall, panelled like the Council Chamber in old oak, and with a wide gallery above it. Two other figures came into sight at the far end. “Aha!” said Mr. Fish. “Our genial host.” This was such a ludicrous description of Lord Caterham that Anthony had to turn his head away to conceal a smile. “And with him,” continued the American, “is a lady whose name I did not catch last night. But she is bright—she is very bright.” With Lord Caterham was Virginia Revel. Anthony had been anticipating this meeting all along. He had no idea how to act. He must leave it to Virginia. Although he had full confidence in her presence of mind, he had not the slightest idea what line she would take. He was not long left in doubt. “Why, it’s Mr. Cade,” said Virginia. She held out both hands to him. “So you found you could come down after all?” “My dear Mrs. Revel, I had no idea Mr. Cade was a friend of yours,” said Lord Caterham. “He’s a very old friend,” said Virginia, smiling at Anthony with a mischievous glint in her eye. “I ran across him in London unexpectedly yesterday, and told him I was coming down here.” Anthony was quick to give her her pointer. “I explained to Mrs. Revel,” he said, “that I had been forced to refuse your kind invitation—since it had really been extended to quite a different man. And I couldn’t very well foist a perfect stranger on you under false pretences.” “Well, well, my dear fellow,” said Lord Caterham, “that’s all over and done with now. I’ll send down to the Cricketers for your bag.” “It’s very kind of you, Lord Caterham, but——” “Nonsense, of course you must come to Chimneys. Horrible place, the Cricketers—to stay in, I mean.” “Of course you must come, Mr. Cade,” said Virginia softly. Anthony realized the altered tone of his surroundings. Already Virginia had done much for him. He was no longer an ambiguous stranger. Her position was so assured and unassailable that anyone for whom she vouched was accepted as a matter of course. He thought of the pistol in the tree at Burnham Beeches, and smiled inwardly. “I’ll send for your traps,” said Lord Caterham to Anthony. “I suppose, in the circumstances, we can’t have any shooting. A pity. But there it is. And I don’t know what the devil to do with Isaacstein. It’s all very unfortunate.” The depressed peer sighed heavily. “That’s settled, then,” said Virginia. “You can begin to be useful right away, Mr. Cade, and take me out on the lake. It’s very peaceful there and far from crime and all that sort of thing. Isn’t it awful for poor Lord Caterham having a murder done in his house? But it’s George’s fault really. This is George’s party, you know.” “Ah!” said Lord Caterham. “But I should never have listened to him!” He assumed the air of a strong man betrayed by a single weakness. “One can’t help listening to George,” said Virginia. “He always holds you so that you can’t get away. I’m thinking of patenting a detachable lapel.” “I wish you would,” chuckled her host. “I’m glad you’re coming to us, Cade. I need support.” “I appreciate your kindness very much, Lord Caterham,” said Anthony. “Especially,” he added, “when I’m such a suspicious character. But my staying here makes it easier for Battle.” “In what way, sir?” asked the superintendent. “It won’t be so difficult to keep an eye on me,” explained Anthony gently. And by the momentary flicker of the superintendent’s eyelids he knew that his shot had gone home. About HackerNoon Book Series: We bring you the most important technical, scientific, and insightful public domain books. This book is part of the public domain. Agatha Christie (1998). The Secret of Chimneys. Urbana, Illinois: Project Gutenberg. Retrieved https://www.gutenberg.org/cache/epub/65238/pg65238-images.html This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org , located at https://www.gutenberg.org/policy/license.html .

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