Photo of Audrey A Millemann

Audrey Millemann is a shareholder with Weintraub Tobin and practices in the Intellectual Property and Litigation sections. She is a litigator and a registered patent attorney.  Audrey advises clients on all issues of intellectual property law, including infringement, validity, and ownership of patents, trademarks, and copyrights.

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.
Continue Reading Alice is Alive and Well!

The United States Copyright Office has refused to register a copyright for a work of art created by a machine.

The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. It is a view looking towards a series of two archways over railroad tracks, with walls along the sides covered in very dark green, purple, blue, and pink foliage, with a tiny bit of blue and cloudy sky above. The title is “A Recent Entrance to Paradise.” The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler.
Continue Reading Is Machine-Made Art Copyrightable?

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is:  It depends.

What Can Be Protected? 

The first thing to consider is what it is that needs to be protected.  A trade secret protects a business’s confidential and proprietary information.  The information can be a formula, process, or customer list.

A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula).
Continue Reading Trade Secret or Patent?

There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If the written description requirement is not met, the patent won’t be granted.  If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.  Recently, in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 2021 U.S. App. LexIs 25706 (Fed. Cir. 2021), a damage award of $1.2 billion for patent infringement was reversed for just this reason.
Continue Reading Written Description Remains Critical to Patents