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Intellectual Property / Technology

Showing 169 - 174 of 732 results.

How Do You Obtain a Patent?

Patent procurement is a formal statutory process governed by federal law that establishes exclusive rights to an invention through the U.S. Patent and Trademark Office. The Patent Cooperation Treaty and U.S. .atent statutes set strict filing, examination, and disclosure requirements that applicants must follow to secure patent protection. Procedural defects, incomplete applications, or missed deadlines can result in rejection, abandonment, or loss of priority rights. This article covers the core filing stages, examination procedures, claim drafting considerations, and practical timing issues that shape patent prosecution strategy.

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Standard Essential Patents: Rights and Legal Strategies in New York

Standard Essential Patents impose strict FRAND requirements on patent owners while protecting tech companies from excessive royalty claims. When facing enforcement actions in New York federal courts, implementing businesses must evaluate licensing terms and structural defense strategies. Proper evaluation of antitrust guidelines and court precedents ensures your commercial operations remain protected during complex patent negotiations.

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What Makes a Software Patent Different from Other IP Rights?

A software patent is a property right granted by the U.S. Patent and Trademark Office that protects novel, non-obvious computer-implemented inventions or processes, distinct from copyright or trade secret protections that govern software in other ways. Software patents require meeting specific statutory criteria, including a technical problem-solving element and an inventive step beyond routine programming. When a patent holder fails to properly document the invention's scope or misses procedural deadlines in prosecution or enforcement, the patent can face invalidity challenges or become unenforceable. This article addresses the legal framework defining software patents, how they differ from other intellectual property regimes, and the practical considerations that shape a patent holder's strategic position.

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Why Legal Protections Are Important in Software License Agreements?

A software license is a contractual instrument that grants permission to use software under defined terms, while reserving ownership rights in the licensor and imposing restrictions on the licensee. Software licenses operate under state contract law, federal copyright statute, and increasingly under open source governance frameworks that impose strict compliance obligations on users. Breach of license terms can result in immediate termination of use rights, injunctive relief, and damages claims, making early clarity on permitted and prohibited conduct essential to avoid costly disputes. This article examines the legal structure of software licenses, the rights and obligations they create, enforcement mechanisms, and the specific considerations that copyright holders must evaluate when licensing their proprietary code.

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Rights of Publicity: What New York Law Protects and Why It Matters to You

Rights of publicity in New York are governed by Civil Rights Law §§50–51, which prohibit unauthorized commercial use of your name, likeness, portrait, or voice without written consent. In my experience, many clients are genuinely surprised to learn that rights of publicity protect not only celebrities but anyone whose identity is commercially exploited without permission. New York law allows you to seek injunctive relief and damages when your name or image is used for advertising or trade purposes without your consent. If you believe your rights of publicity have been violated, understanding exactly what the law covers, and where its limits lie, is the most important first step you can take.

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What Is Photography Copyright Protection and How Does It Safeguard Your Rights in New York?

Photography copyright protection secures exclusive rights for creators under federal and New York laws against unauthorized digital photo theft. Registering original photos with the U.S. Copyright Office enables full legal remedies, including statutory damages and attorney fees, to protect your creative works and business.

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