Every week, we will be highlighting the top patent, copyright, trademark, intellectual property, etc. stories of the previous week in our \u201cIn Case You Missed It<\/a>\u201d segment. The list itself is in no particular order and includes a wide range of stories from the patent world that are informative, noteworthy, or just plain bizarre. The stories included encompass everything from Supreme Court cases to insights into emerging industries. Please feel free to comment your thoughts on the stories or share an important one we missed!<\/span><\/p>\n
The USPTO has granted Campbell\u2019s Soup trademark rights for the word \u201cChunky\u201d for its Chunky<\/span><\/p>\n
soup brand. In the <\/span>application<\/span><\/a>, Campbell\u2019s cited the brand\u2019s $13 billion in sales and $1 billion in advertising since its 1988 inception as a basis for the trademark. They argued \u201cchunky\u201d had become synonymous with their soup.<\/span><\/p>\n
To demonstrate how \u201cchunky\u201d had become one and the same with their soup, Campbell\u2019s provided countless <\/span>examples<\/span><\/a> of pop cultural references featuring the brand. Everything from song lyrics, <\/span>Saturday Night Live<\/span><\/i> sketches, late night jokes, <\/span>satirical articles<\/span><\/a>, and a 20-year partnership with the NFL helped make the case for the trademark as culturally relevant.<\/span><\/p>\n
As for the trademark itself, do not expect Campbell\u2019s to start selling \u201cChunky\u201d ice cream or chocolate chip cookies, the right only applies to soup. To read more about this story, <\/span>click here <\/span><\/a>(via AdWeek, February 5th, 2019)<\/span><\/i><\/p>\n
In a 2-1 decision last week, a U.S. appeals court ruled that a method used for diagnosing neurological disorders cannot be patented as it covers a \u201c<\/span>law of nature<\/span><\/a>.\u201d The method, which uses the detection of antibodies to diagnose such disorders, occurs naturally and simply covers \u201cthe correlation between certain antibodies and the autoimmune disease Myasthenia gravis.\u201d <\/span><\/p>\n
The ruling arose from a 2015 dispute in which Quest Diagnostics Inc., who was granted a patent for the method, sued Mayo Clinic over royalties for using it. Mayo won after the court agreed last week that the method was a law of nature which the <\/span>Supreme Court<\/span><\/a> has found are not patentable. <\/span><\/p>\n
\u201cLaws of nature and natural phenomena, as identified by the courts, include naturally occurring principles\/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in\u201d<\/span><\/i> –<\/span>USPTO, 2016<\/span><\/a><\/p>\n
The decision adds further confusion for diagnostic test developers who may seek patents elsewhere as patent ambiguity dissuades innovation in the field. Scientific developments and the laws of nature will always be intertwined so developers must use caution when filing ambiguous patents. To read more about this story, <\/span>click here <\/span><\/a>\u00a0(via Bloomberg, February 6th, 2019<\/span><\/i><\/p>\n
The U.S. Chamber of Commerce Global Innovation Policy Center (<\/span>GIPC<\/span><\/a>) recently <\/span>ranked<\/span><\/a> the United States number one overall in patent protection policy and standard setting for 2019. The score reflects a strong commitment to patent, trademark, and trade secret protection, as well as enforcement of infringements and commercialization of IP assets. <\/span><\/p>\n
Following a disastrous 12th place finish last year, the U.S. placed 2nd in \u201cPatents, Related Rights, and Limitations\u201d for 2019. This category measures the strength of the economy for patents and related rights and weighs such factors as the term for patent protection and ability to oppose patents in a fair manner. \u00a0Such a change in the ranking can be attested to USPTO reforms addressing <\/span>patent uncertainty<\/span><\/a>. <\/span><\/p>\n
Overall, the U.S. either beat or tied the average score of the Top 5 economies for each indicator. The report noted the continued uncertainty in the patentability of high-tech sectors and lack of addressing online piracy as major weaknesses for the U.S. infrastructure. As for notable strengths, the GIPC recognized the U.S. as the \u201cglobal leader and standard setter\u201d for IP protection and enforcement. To read more about this story, <\/span>click here <\/span><\/a>(via USPTO, February 7th, 2019)<\/span><\/i><\/p>\n
The U.S. Army has recently secured a <\/span>patent<\/span><\/a> for a projectile that, when fired, will entangle enemy targets including boats and drones in a net. The projectile will be able to be launched from a standard grenade launcher and intercept the enemy. <\/span><\/p>\n
With the threat of drones in combat zones and restricted areas increases, the invention has the potential to eliminate such threats. Platoons can carry numerous projectiles and take down enemy soldiers or drones from hundreds of yards away. To read more about this story, <\/span>click here <\/span><\/a>(via Business Insider, February 8th, 2019)<\/span><\/i><\/p>\n","protected":false},"excerpt":{"rendered":"