It is with great humility and excitement that I introduce myself as the new Chair of the NC Bar Association’s Intellectual Property Law Section for the 2024-2025 bar year. By way of background, I am a Raleigh-based IP attorney at Williams Mullen, where my practice is focused on IP protection and enforcement, with a heavy emphasis on litigation and opinion work. In my 20+ years of practice, the NCBA IP Section has been a consistent source of worthy causes and valued educational opportunities, all fostered by a highly engaged group of section members I am proud to call my friends. One of my obvious goals will be to preserve all that has made this IP Section wonderful. I also hope to improve/advance some of our section’s offerings, increase membership, and I will try to personally meet with as many of you (and any potential members) as possible. If you have any ideas or comments about our section in the meantime, please reach out to me directly.
Rick Matthews serves as the 2024-2025 chair of the NCBA Intellectual Property Law Section.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2024-08-20 10:02:022024-08-20 10:03:30Welcome to the New Bar Year!
The USPTO now offers the First-Time Filer Expedited Examination Pilot Program, which is designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas. Information on the program and how inventors can apply may be found on the USPTO’s website.
Qualifying inventors for the First-Time Filer Pilot must be filing their first non-provisional application, qualify for micro-entity status, and be reasonably trained on the basics of the USPTO’s patent application process. There is no fee to petition for the First-Time Filer Pilot, which expedites the first office action.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2023-07-14 09:42:042023-07-14 10:01:10USPTO First-Time Filer Pilot Program – Patent Pro Bono Program
Over the past couple of years, I’ve had the opportunity to present a number of talks on mental health topics. When those talks were at law schools, it has been clear that mental health issues are top of mind for many law students these days. As it turns out, this informal observation is consistent with data showing that more and more students are entering law school with significant mental health issues compared to even a short time ago.
In 2014, 15 law schools around the country participated in an ABA-sponsored Survey of Law Student Well-Being (“the 2014 survey”) to examine substance abuse and mental health issues among law students. Given the increased emphasis since that time on law student and lawyer well-being among law schools and legal professionals, the researchers updated their study in 2021 (“the 2021 survey”) to see what, if anything, has changed since 2014. What they found was that, for the most part, things have gotten worse.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2023-03-29 10:29:202023-03-29 10:38:14The State of Law Students’ Mental Health
As part of the USPTO Patent Pro Bono Program, Georgia Patents and North Carolina Bar Foundation (NCBF) partner to serve low-wealth inventors of North Carolina and provide you with an opportunity to help a low-wealth individual work toward obtaining a patent. The inventors have a total household income less than 300% of the federal poverty guidelines (individual, $38,640; family of 4, $79,500). They have been screened to ensure that they have a basic understanding of the patent process, an invention ready for patenting, and they have conducted a prior art search. Georgia Patents does the screening and the North Carolina Bar Foundation matches inventors with volunteer Patent Attorneys and Patent Agents. NCBF provides malpractice insurance for NC Patent Attorneys. The inventors are responsible for all USPTO fees.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2023-02-22 09:18:562023-02-23 11:07:43Calling all Patent Practitioners – Patent Pro Bono Program
On October 12, 2022, the Supreme Court heard oral arguments for The Andy Warhol Foundation for the Visual Arts, Inc.(AWF) vs. Lynn Goldsmith, et al.[1] The main issue revolves around “transformative” use under the Copyright Act[2] and how transformative the work must be to be protected by the doctrine of Fair Use and not infringe another’s copyright.[3] In 1994, the Supreme Court considered a case regarding transformative use, Campbell v. Acuff-Rose Music, Inc., in which the Court held that 2 Live Crew’s parody on Roy Orbison’s song, “Oh, Pretty Woman,” was protected under fair use and that the lower court erred in finding otherwise because they solely looked at the commercial nature without weighing the other fair use factors.[4] The Court also defined “transformative” as “add[ing] something new, with a further purpose or different character, altering the first with [a] new expression, meaning, or message.”[5] The more a work transforms the original, the less the other fair use factors will weigh in the analysis because transforming a work emphasizes “the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright.”[6] Transformative use also came up in 2020 with Google LLC v. Oracle America, Inc., where the Court found Google’s use of a portion of code from the Sun Java API, a computer program using Java programming language, to be “new” and “transformative” enough to constitute fair use.[7]Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2022-11-10 15:02:282022-11-10 15:15:40Transforming Transformative Use: A Synopsis of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
Earlier this year, a survey of lawyers and staffers hailing mostly from Biglaw revealed that 19% of respondents contemplated suicide at some point in their professional careers. These results, coupled with the shocking death by suicide of attorney and former Miss USA Cheslie Kryst, contributed to a growing groundswell of attention and interest in mental health issues within the legal profession.
Suicide is the 12th leading cause of death in the U.S., yet it’s still a topic that many people are uncomfortable talking about. The stigma surrounding mental health and suicide can make it difficult for those who are struggling to reach out for help. And even when someone does seek help, there’s often not enough available.
Photo by Andrea Piacquadio from Pexels.
We need to do better at breaking the silence around suicide and mental health. By starting the conversation, we can eliminate the stigma and help those who are struggling get the support they need. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2022-10-07 09:54:402022-10-07 09:54:40Suicide and the Legal Profession
The North Carolina Bar Foundation’s Patent Pro Bono Program, formerly part of NC LEAP (Lawyers for Entrepreneurs Assistance Program), provides pro bono counseling for low-wealth clients seeking patent assistance. The program is in partnership with Georgia Lawyers for the Arts and has helped many low-wealth North Carolina inventors to file patents for their inventions.
Right now, the Patent Pro Bono Program is in need of volunteers for patent referrals in their queue. We currently have four client cases available for your consideration. Are you able to help?
One inventor is seeking assistance with a fantasy football platform that is adaptable to the market and allows for off-season play in addition to new and exciting features.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2022-01-31 16:27:182022-01-31 16:36:49Patent Pro Bono Program is Seeking Volunteer Attorneys
In today’s age, blockchain, cryptocurrencies, and non-fungible tokens (NFTs) are sweeping the headlines and making buzz in the press. From artists, to musicians (Kings of Leon, Mike Shinoda), to athletes, investors and businesspeople alike, many are taking advantage of the juxtaposition of cryptocurrencies and their respective industries. It will be fascinating to see how this convergence between collectibles and cryptocurrencies develops.
NFTs are essentially digital collectibles – they can represent things (a tweet, or an asset) or they can be things (like art, or a highlight). The value proposition here is that these NFTs are unique in the digital sense. They exist on a blockchain, which is a decentralized, often public, digital ledger consisting of records called blocks. The blockchain is used to record transactions across multiple computers so that any involved block cannot be altered retroactively without the alteration of all subsequent blocks. So, while anyone can copy and download a video highlight package or image file, the NFT has a record saying that it only has one owner. Well-known entrepreneur Gary Vaynerchuck has compared NFTs to various “skins” or costumes that players can purchase in a video game. In fact, a few weeks ago, the New York Times ran a story about a work of art in the form of an NFT that sold online for $69 million.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2021-04-08 11:13:312022-10-24 12:56:01Cryptocurrency, NFTs, Collectibles, and IP – NBA and the Arts Cross Over Into New Territory
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-11-11 09:44:202020-11-11 09:44:20NCBA IPL Section Blog News Blasts for November 11, 2020
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts For July 21, 2020
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-07-21 11:24:172020-08-12 17:26:03MacCord’s List: IP News & Notices From Art MacCord
By 
By 
By 
By 
By 