IP Blog


Edmund Xie, patent lawyer and patent agent, has obtained three United States patents for a client

posted Nov 2, 2016, 11:08 PM by Edmund Xie

three US patents issued patent lawyer agent Vancouver

U.S. Supreme Court will hear Samsung appeal over Apple design patent case

posted Mar 21, 2016, 12:33 PM by Edmund Xie   [ updated Mar 21, 2016, 12:33 PM ]

The legal battle between Apple and Samsung over an alleged design patent infringement is going all the way to the US Supreme Court. The US Supreme Court has issued its decision to hear the case this morning.

This is big news, because the US Supreme Court has not heard a design patent case in more than a century. The last design patent case heard by the U.S. Supreme Court was in 1872 in a case involving an ornamental design for silverware handles.
 
The hearing will only consider a single question in Samsung’s appeal, which asks whether, where a design patent is applied to only a component of a product, an award of infringer’s profits should be limited to those profits attributable to the component.

Edmund Xie (Vancouver patent lawyer and agent) has obtained another US Patent for a client

posted Jan 19, 2016, 5:38 PM by Edmund Xie   [ updated Jan 19, 2016, 5:39 PM ]

United States Patent

Top 5 celebrities who have trademarked their name

posted Dec 21, 2015, 4:06 PM by Edmund Xie

In this video, I present the top 5 celebrities who have trademarked their name in Canada. The ranking is subjective and based entirely on my personal opinion. The video is created by me using YouTube Video Editor.

How to become a registered trademark agent in Canada

posted Dec 9, 2015, 9:49 PM by Edmund Xie   [ updated Dec 9, 2015, 9:51 PM ]

In this YouTube video which I created, I discuss how one can become a registered Canadian trademark agent under the current rules and regulations.

Edmund Xie has obtained a Canadian patent for a Vancouver-based biotech company.

posted May 21, 2015, 12:02 PM by Edmund Xie   [ updated May 21, 2015, 12:04 PM ]

Canadian patent issued by Canadian Intellectual Property Office (CIPO)

Edmund Xie has obtained a Canadian patent for a Vancouver-based biotech company.

How to access USPTO EFS-Web online patent filing system and Private PAIR using Chrome Version 42 and later?

posted May 6, 2015, 11:12 PM by Edmund Xie   [ updated May 6, 2015, 11:13 PM ]

If you are a patent lawyer or patent agent and use Chrome Version 42 and later as your browser, you need to enable Java and NPAPI in order to use USPTO EFS-Web online patent filing system and Private PAIR in Chrome.

To enable NPAPI plugins, you need to enter In your URL bar:
chrome://flags/#enable-npapi 
Click the Enable link for the Enable NPAPI configuration option.
Click the Relaunch button that now appears at the bottom of the configuration page.

Can one use the 11-point maple leaf in a trademark in Canada?

posted Apr 14, 2015, 9:55 PM by Edmund Xie   [ updated Apr 14, 2015, 10:00 PM ]

By Order in Council P.C. 1965-1623 (dated September 2, 1965), any person in Canada may use a design or trademark incorporating the maple leaf that forms part of the flag of Canada on the condition that:
  1. the use of the design or trademark conforms to good taste;
  2. an applicant for the registration of such design or trademark disclaims, in his application, the right to the exclusive use of the maple leaf; and
  3. the owner of such design or trademark will not attempt to prevent anyone else from using the maple leaf.

Does a patent give the patent owner the exclusive right to make, use, and sell the invention?

posted Jan 11, 2015, 9:52 PM by Edmund Xie   [ updated Jan 11, 2015, 9:56 PM ]

A patent gives the patent owner the right to EXCLUDE others from making, using, and selling what is covered by their patent claims. A holder of a prior patent still in force with broader claims may prevent the inventor whose patent has narrower claims from using the inventor's own patent. Therefore, patent right is exclusory only.

A patent is a property right granted by a state government to an inventor to EXCLUDE others from making, using, offering for sale, or selling the invention or importing the invention for a limited time in exchange for public disclosure of the invention.

Can the phrase "College Football Playoff" be trademarked?

posted Jan 2, 2015, 5:04 PM by Edmund Xie   [ updated Jan 4, 2015, 4:56 PM ]

Yesterday was New Year's Day. I watched the inaugural College Football Playoff semifinal game between Ohio State (from which I received a Ph.D.) and Alabama. Ohio State beat the top-ranked Alabama, 42-35.

Today I did a search in the United States Patent and Trademark Office's Trademarks Database. It turns out that an entity called BCS Properties, LLC filed a US trademark application for the word mark "College Football Playoff" back in March 2013, based on intent-to-use in association with, inter alia, "entertainment services in the nature of television and radio sports programs featuring college football games, exhibitions and tournaments". The application is pending and has been refused by the trademark examining attorney at the USPTO. According to the last Office Action issued by the trademark examining attorney, registration for the word mark "College Football Playoff" was refused under Trademark Act Section 2(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified services. 

Under US Trademark Act (i.e. Lanham Act) Section 2(e)(1), an application for registration of a trademark on the principle register can be refused if the trademark, when used in connection with the goods or services, is merely descriptive (or deceptively misdescriptive) of them.

The Office Action by the USPTO trademark examining attorney was issued in August 2014.  Given the popularity of the inaugural College Football Playoff games (ESPN reported that more than 28 million people watched the Ohio State-Alabama game), it will be interesting to see if the applicant of this trademark application could come up with some creative arguments to persuade the USPTO trademark examining attorney that the word mark "College Football Playoff" is either not merely descriptive, or has acquired "distinctiveness" under Trademark Act Section 2(f).

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