Should I Register A Copyright in My Software?

Should I Register A Copyright in My Software?

Copyright, Intellectual Property, Software
Many software developers (as well as lawyers) focus entirely upon patent protection for the software code, oftentimes ignoring enormously valuable Copyright registration entirely. For reasons I outline in this post, Federal Copyright law is arguably the single most important legal protection available to you as a creator of software code. Copyrights explained (again) As I’ve written in earlier posts, a copyright in a work gives you an exclusive right to do a number of things with the work, such as copy, distribute, display, perform, or make adaptations to that work, among other rights. Copyright law says that no one else can do of these things with your work without your permission. Copyright protection is actually available for all copyrightable expression embodied in a computer program. Now notice how I said…
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Thoughts on The Open COVID Pledge

Thoughts on The Open COVID Pledge

Intellectual Property, Licensing
Like most of you, in the wake of the unprecedented (in modern times, anyway) COVID-19 pandemic, I have been spending the past several weeks working remotely from home and self-isolating.  Certainly when compared to the heroic efforts and sacrifices of our healthcare workers and first responders (and let's not forget those collecting our trash and re-stocking the grocery store shelves), there really is nothing quite like a deadly pandemic to make me and my law degree feel completely useless.  As I've been taking the routine conference calls, responding to e-mails, and completing other client work from the comfort of my home office, I have been trying hard to think of ways that I could make my decades of legal experience useful to the Arizona biotech, research, and medical device community in…
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USPTO Announces Extension for Trademark Responses Affected by Coronavirus

USPTO Announces Extension for Trademark Responses Affected by Coronavirus

Intellectual Property, Trademark, USPTO
In response to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the United States Patent and Trademark Office (“USPTO”) on March 31, 2020 announced an extension of time to file certain trademark-related filings and fees. What Trademark deadlines are being extended? The announcement from USPTO Director Iancu explained that the unprecedented COVID-19 pandemic prejudices the rights of trademark applicants, registrants, and owners. The announcement went on to provide that parties unable to meet trademark-related deadlines due to the Coronavirus outbreak would be granted a 30-day extension for certain deadlines falling between March 27th and April 30th of this year. How can a Trademark applicant request the 30-day extension? The USPTO has stated that the 30-day extension will be provided to any filing accompanied by a “statement that the delay…
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Intellectual Property Protection for Secret Recipes

Intellectual Property Protection for Secret Recipes

Copyright, Craft Brewing, Intellectual Property, Restaurants, Trademark
As a Phoenix business lawyer that represents more than a few clients in the food industry, I'm often asked by restauranteurs, craft brewers, and aspiring sauce/dressing tycoons how to best protect their secret recipe for...well, you name it.  As with most things in the law, the answer is rarely one-size-fits-all and depends on a variety of factors and the client's objectives and business strategy.  This article summarizes a few of the most common questions I'm asked on the subject, as well as my general answers: Why not patent my recipe? Patent laws are commonly used to protect inventions and processes and usually are not the best approach for protecting your secret recipe. First off, as there are really only so many ways you can formulate spaghetti sauce or brew a…
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