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As regular readers of this blog know, I advocate using the USPTO’s Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution. This is by no means a per se rule, however. There are times when I find judicial authority more effective. One situation where judicial decisions have been particularly helpful has been when prosecuting claims directed to a “simple” (i.e., “elegant”) solution to a problem.
By: Sharon Urias, Esq. In a 2-1 ruling last month, the U.S. Court of Appeals upheld the U.S. Patent and Trademark Office’s decision that allows Disney to retain trademark ownership rights to Winnie-the-Pooh. The battle over who has ownership of Winnie-the-Pooh has been going on for more than twenty years between Disney and the Slesinger family. Stephen Slesinger was granted exclusive merchandising rights to Winnie-the Pooh characters back in the 1930’s by Pooh’s creator, A.A.
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