Photo of Jo Dale Carothers

Jo Dale Carothers is a shareholder and chair of Weintraub Tobin’s Intellectual Property group. She is an intellectual property litigator and registered patent attorney, who advises clients on a wide range of issues related to patents, trade secrets, trademarks, and copyrights. Her practice emphasizes intellectual property litigation, licensing, prosecution, contract disputes, and issues related to proceedings before the USPTO.

The United States Patent and Trademark Office (the “USPTO”) explains that

“A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”
https://www.uspto.gov/trademarks-getting-started/trademark-basics.


Continue Reading Rule Change Requires U.S. Counsel for Foreign-Domiciled Trademark Applicants

Shockingly, some at the Patent Trial and Appeal Board (“PTAB”) think textbook publishers who include dated copyright notices don’t actually publish the textbooks that year!  Further, would you have imagined an argument that textbooks aren’t printed publications?  Given the amount we paid for textbooks in college and the number stored in my garage that seems

Prior to the Leahy-Smith America Invents Act (“AIA”), the patent statute (35 U.S.C. § 102(b)) prohibited patenting an invention that was “on sale in this country, more than one year prior to the date of the application for patent in the United States.”  This limitation on patentability is often referred to as the “on-sale” bar

Non-statutory, or obviousness-type, double patenting (“ODP”) is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not “patentably distinct” from the claims in the earlier patent.  The core principle behind the doctrine is that “an inventor must