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Written by : Omer Quinchia |
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hi everyone this quick video will showcase some intellectual property research tips on lexis plus my name is tim brahms and i am a research attorney with lexisnexis i've been with lexis for 18 years and prior to that i practiced as a patent attorney in pittsburgh working on patent trademark and copyright issues let's head over to lexis plus so we can get started today we will take a look at a day in the life of a busy intellectual property associate and learn how the tools and resources lexis plus can make that associate's life a little bit easier we will specifically look at these issues we'll take a look at declaratory judgments within the context of patent litigation we will look at filing state and federal trademark applications and we will also take a look at copyright assignments let's start with declaratory judgments in patent litigation a partner stops by your office in the morning and hands you a cease and desist letter that was just received accusing one of the firm's clients of patent infringement and threatening imminent litigation the partner remarks that she looked over the patented issue and she is almost certain there are no infringement issues she asks you to look into the possibility of filing a declaratory judgment action you have never looked at declaratory judgments before especially in the context of patent law so you're basically starting from scratch and when you're starting from scratch a great place to begin is a secondary source we're going to get some help today from one of our great matthew bender treatises and to do that let's scroll down to the explore pod and let's click the practice area tab when that comes up scroll a bit further down and click the link to view our practice centers so the practice centers are great they are basically pages that put all the tools in one place for jurisdictional research as you can see here or practice area research as you can see here and this is perfect because there's one for patent law so we'll click that and when that practice center comes up let's try to find a section for secondary sources so we'll scroll down and there it is right there and there's actually a subsection for litigation perfect we'll click that link and let's look at horowitz on patent litigation a really great matthew bender treatise covering all sorts of areas in patent litigation and when you click that link it takes you to the table of contents let's just search the tocs you can click that radio button and we can search for declaratory judgment just like that we'll do that in quotation marks we're looking for the exact phrase let's see what horowitz has to say on this quite a bit there's three sections here and if you look at the bottom there's many other pages you can go to but i think section one's the place to begin that's the general discussion of declaratory judgments you can click on that and as you'll see when you're starting from scratch a secondary source is really wonderful because it's very simple it's straightforward it's easy to understand it's going to quickly get you up to speed on declaratory judgments in patent law you can read this section you can learn all about it and one thing you'll learn for example is that if you are first and you file a declaratory judgment you can pick your own jurisdiction you can file in your home court which would be much more convenient for you than litigating somewhere else so you'll read all about this you'll start a memo for the partner but don't forget about the footnotes the annotation so for example you've got a number three here you can click that link that drops you down to the annotation secondary sources have annotations and these are great these are showing you additional cases you may want to check out maybe some federal statutes to check out and these are all items that you might also want to review and include in the memo to the partner and when you're done you can click a corresponding up arrow which takes you back to the text you can keep reading and you can get this memo all set so you work on the memo and just as you're finishing another partner stops in he gives you the file for a federal trademark application that is prepared and ready to file he asks you to double check everything to be sure the application is 100 ready for filing with the uspto and he also asks you while you're at it to prepare and file corresponding state trademark applications in north carolina in new mexico so you'll notice i went back home by clicking on the lexis plus logo and now we're going to move over to our practical guidance tool so we'll click that link over on the left you'll know you're there because the screen is now blue and we can scroll down to look at the different practice areas and there is one for ip and technology there it is you can click on that and there is a section if you look at the tasks on the left there is a section covering trademarks wonderful we'll click that plus sign we'll open that up and this is exactly what we need a subsection covering trademark registration you can click that link and when the next screen comes up if you scroll down you'll notice there is a section that has just what you need which would be checklists and flow charts and things like that and there is a checklist for trademark applications sounds pretty good to me we'll click on that up comes this really nice checklist you can review this and sort of go down the list and make sure you've got everything set a couple things i want to point out over on the right this checklist is authored by an actual attorney peter sloan a practicing ip attorney if you would click peter's name you could learn more about him and read his bio and things like that and also if you hover over the maintained link you will see the last time this was updated fairly current it was last updated in march so it's been less than a year since this was refreshed which is great so you take a look at this you've got that part all set now we can go back to the practical guidance home screen by clicking the lexis plus logo and now we can tackle this state trademark issue so we've got two states to look at north carolina and new mexico and so that is a perfect opportunity to use our state law comparison tool which is over on the right from the practical guidance home screen so you can click that state lock comparison tool and this is so simple to use you basically make a few choices and you get a really nice report so we're going to pick a practice area of intellectual property and technology then for the topic if you take a look at that list there is one for trademark registration great we'll pick that then we pick our jurisdictions well here they are new mexico and north carolina we'll pick those two we'll hit the continue button and you get a final section which has you pick the questions you want to look into and actually several of these would be good but let's start with the second one which sounds really good which basically is what are the state's procedures for filing trademark applications all right we'll check that box we'll scroll down we'll create the report and you get this
Thanks for your comment Alvaro Kingsley, have a nice day.
- Omer Quinchia, Staff Member
intellectual property or IP refers to something a person has either thought of or created some examples of IP include designs processes songs logos discoveries symbols and even brand-new varieties of plants IP belongs to the person who thought it up or put the work into creating it they get to decide who makes it how and where it's used and who can sell and profit from it but how can thinkers and creators keep their IP safe from misuse by others after all in a digital world it's easy to copy an idea or a design luckily there are laws in place to protect IP once a person is ready to go public with it there are four major paths to legal protection applying for a patent patents cover things like inventions new processes new machines and new ways of manufacturing things applying for a copyright copyrights protect works like art music writings movies and even software using a trademark to cover unique branding and identifiers like business names logos slogans mascots and more keeping something secret trade secrets make sure that things like manufacturing processes formulas and compilations of information never make it into the wrong hands getting these protections in place may seem difficult or time-consuming at first but protecting yourself is well worth the time and effort and it's not as hard as you may think this is where technology transfer or t2 comes in t2 helps negotiate the use sharing and assigning of IP so that companies and individuals can use government technology or a joint project between the government and private sector can take place t2 can make it easy to license a patent or share confidential information so both parties can help each other solve problems or create new products you
Thanks Lindsay your participation is very much appreciated
- Omer Quinchia
About the author
I've studied egyptian history at Boricua College in New York City and I am an expert in industrial organization. I usually feel lethargic. My previous job was costume attendant I held this position for 22 years, I love talking about taxidermy and deltiology. Huge fan of Kris Jenner I practice dog sledding and collect militaria.
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