Klemchuk LLP

Lack of Enforcement of GDPR Worries Privacy Experts It has been almost two years since the European Union (“EU”) passed the General Data Protection Regulation (“GDPR”), an all-encompassing legislation that many lauded as the apex of privacy protection law.  But now, years later, many criticize the lack of punishment and enforcement of GDPR’s sweeping regulations.  Coronavirus and GDPR While the GDPR has quietly fallen to the wayside in the past few months, its failures to enforce…
What’s the Patent Process? How much does a Patent Cost? Thinking about pursuing a patent application for an invention? This article discusses the major decision points in the patent process as well as cost ranges for design patent applications, provisional patent applications, utility patent applications, and patentability searches. For more information on the specifics of registration steps, see our patent registration process page. For more information about billing options for patent projects, see our patent
USPTO Finds AI Inventing Does Not Constitute Inventorship for Patenting Purposes The Artificial intelligence (AI) is being used more and more in development of technology, but what if AI inventing already covered a technology that you want to patent?  This is a question that the US Patent and Trademark Office (USPTO) recently decided in US Patent Application No. 16/524,530 (https://www.uspto.gov/sites/default/files/documents/16524350_22apr2020.pdf).  What Is AI and How Can It Invent? Before diving into how the USPTO is handling…
Federal Court Holds that Embedded Images Do Not Violate Copyright The creative community was dealt a significant blow this month when federal courts ruled that the embedded images of a photo from an Instagram account did not constitute copyright infringement even when the account owner had specifically denied requests to use the image in dispute.  Sinclair Sues Mashable for Embedded Images Use of Her Copyrighted Work Since 2016, Stephanie Sinclair has been embroiled in a copyright infringement…
Should Social Tracing for Public Health Trump Privacy Concerns? As the global coronavirus pandemic continues to rage across the world, many countries have begun to weigh the trade-off between aggressive contact tracing and individual privacy.  While many health experts credited aggressive social tracing to be the reason for lower death tolls in Germany and China as compared to counterparts like the United Kingdom and the United States, which did not practice social tracing, many wonder at what…
Key Takeaways For Online Schooling and Privacy The global coronavirus pandemic has resulted in an unprecedented proliferation of new educational applications meant to connect educators and students as well as to facilitate the exchange of data between its users.  This unforeseen event has raised privacy concerns about: whether mobile application companies are illegally harvesting private data; whether educational institutions have proper safeguards in place to protect student data; whether any private data harvested is being…
Video Conferencing For Lawyers: Privacy and Security Concerns Key Takeaways About Video Conferencing for Lawyers As social distancing has created a surge in need for video conferencing, law firms are utilizing video to continue their practice. Lawyers must take actions to help maintain the integrity of their attorney-client relationships when using any video conferencing service by: reviewing the service’s privacy policy;  understanding what data is being mined from users, and how that data is used;…
Key Takeaways From Passage of the 2020 CARES Act As the global coronavirus pandemic has caused frustrating and worrisome delays at the USPTO, the CARES Act provides much needed relief, as it has granted USPTO Director Andrei Iancu with the necessary power to: waive certain fees; modify or extend deadlines related to filing, appearances, renewals; and continue to use such expanded powers at his discretion for a designated time beyond the end of the crisis…
On March 12, 2020, Judge Albright entered the following order regarding COVID-19: You can access this order all as the other the standing orders for the Waco Division of the WDTX relating to patent and trademark cases by visiting our Western District of Texas Local Patent Rules page or clicking below: Standing Order Regarding Waco Court Docket Management Standing Order Regarding Patent Trademark Cases Standing Order Regarding Notice Of Readiness In Patent Cases Standing Order
Remote Work and Business Security: An IP Issues Checklist to Go By It’s been said that virtual working and remote employees would steadily create the future era for businesses seeking lower overhead and flexibility.  However, in the abrupt change calling for social distancing amid the COVID-19 outbreak, many employers seeking to maintain business as usual have been thrown headfirst into virtual working without having put much thought into the process or the legal implications. For those…