How The Shutdown Affects Intellectual Property

The following information is current as of October 15, 2013. Patent & Trademark Prosecution: The United States Patent and Trademark Office is currently open – it is running on fee reserves expected to last the month of October. Copyright Prosecution: The Copyright Office is closed. Copyright applications may still be filed electronically, but will not be otherwise examined.

Patent, Trademark and Copyright Litigation: Federal courts have operated since the shutdown began, but many expect to run out of funding by October 17th. Note that federal courts were already hit with $350 million in cuts earlier this year due to sequestration.

Trade Secret Litigation: Most trade secret law is covered under state law, but certain circumstances involving theft or misappropriation are actionable under federal law. Such cases may be affected if the federal courts are shut down.

Sources: http://www.uspto.gov/news/2013ops.jsp http://www.cbsnews.com/8301-250_162-57607351/federal-courts-face-agonizing-delays-during-government-shutdown/

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