Intellectual Property Practice

Practical, nuts-and-bolts treatment of common issues

Product Number: 2040302EBK
Publication Date: 11/9/2020
Edition: 4th Edition 2020
Copyright: © 2020 MCLE, Inc.
Add to Favorites List

Intellectual Property Practice

Practical, nuts-and-bolts treatment of common issues

Choose Format:

Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

Print Book 704 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

eBook 692 pages in PDF format

Add to Cart Member and new lawyer discounts applied in cart.

Also Available:

eArticles

See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.

eChecklists and eForms

See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.

Product Description
Product Description

Over the past 20 years, intellectual property law practice has crept into the mainstream of a lawyer's daily work. While familiarity with IP property asset protection was once a narrow specialty, it is now a key element in the "portfolio" of skills of business and commercial lawyers and most litigators. In fact, a sophisticated knowledge of IP is a prerequisite for transactional corporate, business and commercial practice. IP knowledge is power; savvy in this hot area is increasingly valuable and marketable.

Rather than taking an academic approach to this potentially complex area, MCLE's Intellectual Property Practice cuts straight through erudite laws and regulations, explaining in plain language how to recognize, protect, enforce and value intellectual property claims as they arise in the business context. Topics covered include patent, trademark, trade secret and copyright law and practice.

Organized according to the major categories of intellectual property practice, this manual first defines the concepts, and then guides the user through how to obtain rights, how to protect a portfolio, the cresting decisions that impact this dynamic area of law, and the many sources of primary law that are constantly shifting and evolving, especially as a result of the Web's influence on the creative process.

Recent updates:
- Update: November 2020
  Dear Subscriber:
  
  Thank you for choosing to keep your intellectual property library up to date with this new edition of Intellectual Property Practice. Inside, you will find new discussions of topics including the following:
  - Random auditing of trademark registrations. See chapter 6 for information on what happens when a registration is audited, and what the owner is required to submit by way of proof of use. The chapter also notes the consequences of failing to provide proof of use.
  - Trademarks; cannabis products. In chapter 6, find a Practice Note pertaining to the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 (the 2018 Farm Bill), which updated the definition of "marijuana" to excise "hemp"—meaning cannabis plants and derivatives such as CBD that contain no more than 0.3 percent THC on a dry-weight basis. The reader is warned about the potential for refusal of registration for certain marks based on the applicant's trade practices.
  - Electronic signatures; online terms of use. Chapter 7 cites a 2020 decision on the issue of electronic signatures, the "E-Sign Act," and the copyright consequences of clicking "I agree" on social media sites.
  - Candor. See chapter 9 for a caution based on a 2020 Court of Appeals decision due diligence and avoiding the fact or appearance of violation of the duty of candor by patentee plaintiffs. The caution discusses potential consequences, including patent unenforceability, sanctions, reputation loss, and disciplinary measures.
  - FDA approval as intellectual property. Chapter 9 addresses the FDA's announcement of its position with regard to limited modifications to the manufacturing of devices approved through the PMA program or the Humanitarian Device Exemption (HDE) program during the COVID-19 public health emergency. Chapter 9 also discusses the FDA's proposed rule, 83 Fed. Reg. 63,127 (Dec. 7, 2019), to establish a process for submitting de novo classification requests as an alternative to a PMA submission.
  We at MCLE trust that you will find this new information useful in your IP practice, and valuable in maintaining your law library.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Introduction: Metes and Bounds of Intellectual Property
Buy Chapter
Jerry Cohen, Esq., Burns & Levinson LLP

Chapter 2 expand

Developing and Realizing Value from a Patent Portfolio
Buy Chapter
Timothy M. Murphy, Esq., Nutter McClennen & Fish LLP
Jay Sandvos, Esq., Sunstein LLP
Bruce D. Sunstein, Esq., Sunstein LLP

Exhibit 2A
- Mononucleosis Detection Technology License Agreement (Version A, Tending to Favor Licensor) Buy Form

Exhibit 2B
- Viral Detection Technology License Agreement (Version B, Tending to Favor Licensee) Buy Form

Exhibit 2C
- Form of Agreement for Confidential Disclosure to a Third Party Buy Form

Exhibit 2D
- Form of Patent Assignment Buy Form

Exhibit 2E
- Employee Noncompetition, Nonsolicitation, Nondisclosure, and Assignment of Inventions Buy Form

Exhibit 2F
- Form of Agreement for Two-Way Exchange of Confidential Information Buy Form

Exhibit 2G
- Form of Assignment Accompanying Patent Application Buy Form

Exhibit 2H
- Biological Material Transfer Agreement Buy Form

Exhibit 2I
- UBMTA Form of Biological Material Transfer Agreement Buy Form

Exhibit 2J
- Form of Agreement for Employees and Consultants Buy Form

Chapter 3 expand

Understanding Patents for the Legal Advisor
Buy Chapter
David E. Blau, Esq., Daly Crowley Mofford & Durkee LLP
Timothy M. Murphy, Esq., Nutter McClennen & Fish LLP
Jay Sandvos, Esq., Sunstein LLP
Bruce D. Sunstein, Esq., Sunstein LLP

Exhibit 3A
- Timing and Costs for Patent Protection Buy Form

Exhibit 3B
- Patent Infringement Complaint Buy Form

Exhibit 3C
- Patent Infringement Answer and Counterclaim Buy Form

Exhibit 3D
- Reply to Counterclaim Buy Form

Exhibit 3E
- Patent Infringement Demand Letter Buy Form

Chapter 4 expand

Trade Secret Law
Buy Chapter
Russell Beck, Esq., Beck Reed Riden LLP

Chapter 5 expand

Noncompetition Agreements and Related Restrictive Covenants
Buy Chapter
Russell Beck, Esq., Beck Reed Riden LLP

Exhibit 5A
- Blogs Addressing Trade Secrets and Noncompetes Buy Form

Chapter 6 expand

Trademarks: Law, Practice, and Current Issues
Buy Chapter
Deborah J. Peckham, Esq., Burns & Levinson LLP
Brooke A. Penrose, Esq., Day Pitney LLP
Mark Schonfeld, Esq.,

Checklist 6.1
- Trademark-Related Questions to Ask Prior to Commencing Clearance Process Buy Form

Checklist 6.2
- Reasons for Trademark Application Refusal Buy Form

Exhibit 6A
- Glossary of Trademark-Related Concepts Buy Form

Exhibit 6B
- Trademark-Related Resources Buy Form

Exhibit 6C
- Trademark Request Form (Internal/Corporate) Buy Form

Exhibit 6D
- New Trademark Application Filing Checklist Buy Form

Chapter 7 expand

Copyright Law
Buy Chapter
William S. Strong, Esq., Kotin, Crabtree & Strong LLP

Checklist 7.1
- U.S. Copyright Office Copyright Information Circulars That Should Be Reviewed by Nonspecialists Buy Form

Exhibit 7A
- Online Resources for Copyright Law Buy Form

Exhibit 7B
- Assignment of Copyrights Buy Form

Chapter 8 expand

FDA Approval and Licensing as Intellectual Property
Buy Chapter
John A. Hamilton, Esq., Law Office of John A. Hamilton LLC
John C. Serio, Esq.,

Exhibit 8A
- 8+2(+1) Exclusivity Formula Buy Form

Chapter 9 expand

Ethics Issues in Intellectual Property
Buy Chapter
Jerry Cohen, Esq., Burns & Levinson LLP
Editors & Authors

Editor(s)

Jerry Cohen, Esq., Burns & Levinson LLP, Boston

Author(s)

Russell Beck, Esq., Beck Reed Riden LLP, Boston

David E. Blau, Esq., Daly Crowley Mofford & Durkee LLP, Westwood

Jerry Cohen, Esq., Burns & Levinson LLP, Boston

John A. Hamilton, Esq., Law Office of John A. Hamilton LLC, Hopkinton

Timothy M. Murphy, Esq., Nutter McClennen & Fish LLP, Boston

Deborah J. Peckham, Esq., Burns & Levinson LLP, Boston

Brooke A. Penrose, Esq., Day Pitney LLP, Boston

Jay Sandvos, Esq., Sunstein LLP, Boston

Mark Schonfeld, Esq.,

John C. Serio, Esq.,

William S. Strong, Esq., Kotin, Crabtree & Strong LLP, Newton

Bruce D. Sunstein, Esq., Sunstein LLP, Boston

TOP

Intellectual Property Practice

Practical, nuts-and-bolts treatment of common issues

Intellectual Property Practice

Practical, nuts-and-bolts treatment of common issues

Choose Format:

Product Description

Recent updates:

Table of Contents

Introduction: Metes and Bounds of Intellectual Property

Developing and Realizing Value from a Patent Portfolio

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Exhibit 2F

Exhibit 2G

Exhibit 2H

Exhibit 2I

Exhibit 2J

Understanding Patents for the Legal Advisor

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Trade Secret Law

Noncompetition Agreements and Related Restrictive Covenants

Exhibit 5A

Trademarks: Law, Practice, and Current Issues

Checklist 6.1

Checklist 6.2

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Copyright Law

Checklist 7.1

Exhibit 7A

Exhibit 7B

FDA Approval and Licensing as Intellectual Property

Exhibit 8A

Ethics Issues in Intellectual Property

Editor(s)

Author(s)