The NOLAPATENT journal

Ideas, examined.

Thoughts on intellectual property, software, and the things people create.

34 articles
Technology

There and Back Again: A Blog's Tale

From hand-written HTML in Vim to WordPress and back again: how working with Codex changed the tradeoffs of building and maintaining this website.

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Patents

Inventors are SHOCKED at this ONE LITTLE TRICK that Patent Examiners use!

You’ve put time, money, and energy into your invention. You filed a patent application. The examiner responded and rejected it. Not because someone already invented the exact same…

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Patents

Why the Best Patent Strategy Doesn’t Stop at Allowance

The USPTO recently announced a procedural change: starting May 13, 2025, the time between a patent’s Issue Notification and the official Grant Date will be reduced from approximately…

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Copyright

Copyright, AI, and How the Laws Might Change

A recent appeals court decision, Thaler v. Perlmutter, reaffirmed that under current U.S. copyright law, only human-created works can receive copyright protection. The court upheld the…

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Technology

AI Is Hitting a Compute Wall – Can the Human Brain Show the Way Forward?

For years, the race in artificial intelligence has been defined by one word: scale. Bigger models, more parameters, larger datasets. Every major leap—whether it was OpenAI’s GPT-4…

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Artificial intelligence

AI and Patent Law: Navigating the New Frontier

On September 23, 2024, I had the opportunity to give a talk titled “Patent Law’s AI Dilemma: Innovation at the Crossroads” at the Louisiana State Bar Association’s “IP Trinity” CLE…

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Business & technology

Federal Trade Commission Crackdown on Non-Compete Agreements

The Federal Trade Commission has fired a major shot across the bow of employers that rely on non-compete agreements. Back in January of 2023, the FTC proposed a new regulation limiting…

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Artificial intelligence

Is ChatGPT Fair Use?

On December 27, 2023, the New York Times filed a lawsuit against OpenAI and Microsoft alleging that ChatGPT’s “large language model” neural network algorithms infringe the Times’…

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Copyright

Copyright Notice

“Copyright 2023 John Smith” – you may have seen something like this on the bottom of a website, at the front of a book, or elsewhere. But, what does it mean and why is it there? A…

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Patents

Overview of the Patent Process

Taking your invention from an idea to a United States patent can be a complicated process. But, in this blog post, I will break down the steps to help you understand the process. Step…

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Technology

Continued Software Security Threats

Back in 2016, I wrote about the U.S. Government losing control of high-level security software (AKA, “hacking tools”). Now, the New York Times is reporting that the City of Baltimore…

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Copyright

Supreme Court Requires Copyright Registration Before Litigation

Sometimes, Supreme Court opinions make headlines. This is not one of those times. In a decision issued on March 4, 2019, the Supreme Court resolved an ongoing unresolved question that…

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Trademarks

Ain’t Dere No More

New Orleans is full of old companies and brand names that simply ain’t dere no more. Can someone besides the original company make the old brand come back? Sometimes, the answer is…

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Technology

What is Bitcoin – Part 2 – Practical Benefits

This is Part 2 of a Series on Bitcoin. Click to read Part 1 – What is Bitcoin?, where I discuss what Bitcoin is and give a basic overview of how it works. This post assumes some basic…

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Technology

What is Bitcoin?

Over the past few years, you may have seen one of many news stories about something called Bitcoin (). Here are just a few of them: L.A. hospital forced to pay $17,000 in bitcoin…

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Technology

Practical Tips in view of the Equation Group Hack

Last week, in a series of events seemingly a mix between Mr. Robot and Austin Powers, something fairly unusual happened that could potentially cause security problems for many people…

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Technology

Ripoff Report – Help Manage Online Reputation

The Internet is an amazing tool for communications, literally letting anyone publish information for others to view; and search engines like Google let the world find that information…

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Patents

We’re attorneys, not businessmen.

I am an attorney. I’m not actively involved in technology development anymore. I don’t run a technology business, nor a business that develops new technology to run its business. Why…

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Copyright

Copyright Term of What Pet Should I Get? by Dr. Seuss

So, according to the New York Times, a new, previously unpublished Dr. Seuss book originally called The Pet Shop will be published this year as What Pet Should I Get?. Because I…

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Technology

Pinterest’s Privacy Policy

If you’re a Pinterest user, you may have recently received an email like this one, by which Pinterest is updating its users about Pinterest’s privacy policy. Why is Pinterest doing…

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Technology

American Sniper Discussion

There’s been a lot of talk about Ventura v. Kyle, Captain Freedom’s Jesse Ventura’s lawsuit against Chris Kyle (AKA American Sniper). Certainly, it appears odd that a public figure…

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Copyright

Public Domain Day 2015

Happy New Year’s Public Domain Day 2014! The duration of copyright for a work can be very complicated. For many works, it’s the life of the author, plus 70 years. For other works, it’s…

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Technology

Patent Medicine

This year, I made homemade Satsuma, Navel Orange, Grapefruit, Lime, and Kumquat “Cello” (liqueur) for Christmas presents for a number of friends and some of my work colleagues. Because…

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Patents

Turkey Thermometer Patent

Given the Thanksgiving holiday, I thought it appropriate to post about a Thanksgiving-related patent, namely, U.S. Pat. No. 3,759,103 issued to Anthony Volk on September 18, 1973…

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Trademarks

Louisiana State Trademark Registration

Louisiana law permits businesses to register trademarks with the Louisiana Secretary of State; and, in fact, many businesses do so, thinking that a Louisiana trademark registration…

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Copyright

Copyright Assignments

In a previous post, I discussed who owns copyright to a work in view of Copyright law’s so called “Work Made For Hire” doctrine. As mentioned, the answer is somewhat shocking to people…

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Copyright

DMCA Misconceptions

I’ve seen some articles published recently, and I thought it might be a good idea to clear up two misconceptions about the Digital Millennium Copyright Act (DMCA), in particular, the…

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Technology

The Southern Food and Beverage Museum is Open

The Southern Food and Beverage Museum is Open! Here are some pics (and, their library is pretty cool… with a 1918 edition of Fannie Farmer’s Boston Cooking School Cookbook and…

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Copyright

Huey Lewis v. Ray Parker, Jr.

In view of it being the 30th anniversary of the release of the original Ghostbusters movie, here’s some interesting legal trivia. But first, listen to this. Watch the referenced video…

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Copyright

What is the difference between patents, copyrights, and trademarks?

What’s the difference between a patent, a copyright, and a trademark? Well, there’s the short answer and there’s the long answer. The Short answer is that trademarks protect brand…

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Technology

Are you thinking about getting an iPhone 6?

I use an iPhone for work, and I also write legal apps for the iPhone and iPad, including Federal Civil Procedure. However, I have never reviewed new apple products. So, if you’re on…

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Copyright

How to comply with the “safe harbor” provisions of the DMCA (17 USC § 512)

Did you know that, for a website operator to take advantage of Section 512(c) of the DMCA, he must designate a Copyright Agent with the United States Copyright Office? This means that…

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Copyright

Who owns copyright to a work?

Just about any type of creative expression (including software, photography, artwork, books, movies, and many other types of works) can be protected by copyright law. But, a question…

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Trademarks

Why a Brand is Important

I’m not an audiophile, but this video describes exactly why a good brand is valuable. Despite the fact that other products out there are better, many people aren’t audiophiles and…

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