Edublogs, a website that supports approximately 1.45 million student- and teacher-created blogs, recently received a Digital Millennium Copyright Act (DMCA) takedown notice in regard to a mental health questionnaire that was posted without proper permission. Even though the content was only published on a single site, and was promptly taken down upon request, a series of miscommunications led to all 1.45 million blogs being taken offline by their web hosting provider.

Bridging the gap between a promising idea and a patented product can be an exciting time for any first-time inventor. But, as with any business venture, it is important to choose partners wisely. As Palo Alto Software founder and intellectual property advisor Tim Berry explained in a recent guest post for Business Insider, aspiring applicants could quickly find themselves swimming in "shark-filled waters."

The America Invents Act has fundamentally changed how inventors obtain, protest and defend patents. But, as the March 2013 implementation deadline comes into view, some are wondering if the small business community will realize the anticipated benefits of the legislative reforms.

Few understand the current state of United States patent law quite like Richard Posner. Currently serving as a U.S. Court of Appeals judge for the Seventh Circuit, he has authored nearly 40 books regarding economics and legal thought, and was one of the most cited American scholars of the 20th century. Most recently, he grabbed headlines by throwing out the entirety of an Apple vs. Motorola patent case that came before him in June.

The last decade has offered software manufacturers plenty of case studies on the risks and rewards that surround patent management. But while the technologies and legal statutes surrounding this segment may be growing increasingly complex, companies should not lose sight of all the fundamental steps they can take to protect their interests from the beginning so that they may monetize their assets down the line.

Light-emitting diodes, better know as LEDs, have been a seemingly endless source of inspiration for high-tech inventors. But as the underlying components for the versatile lighting technology continue to rapidly evolve, intellectual property management has become a much more competitive pursuit in recent years.

US Oil Sands, Inc, a subsidiary of US Oil Sands with main offices in Calgary, announced recently that the Canadian Intellectual Property Office granted its patent application for an extraction methodology. US Oil Sands Inc for now is focused on a large exploration and extraction project in the state of Utah. The patent covers an oil sands extraction process which the company says dramatically reduces greenhouse gas emissions and energy consumption. According to the announcement, the process uses a unique bio-solvent to extract bitumen – a low-grade hydrocarbon which can be refined into oil – without the need for tailings ponds. Tailings ponds are typically used to contain the residuals of oil sands mining operations. The company is confident that this innovative technology will provide it with a substantial competitive advantage as well as a leap forward for the US in meeting its domestic energy requirements.

In an article first published in 2011, Mark Sajewycz, a partner with the law firm Norton Rose Canada LLP, surveys alternative intellectual property protection paths available to Canadian oil & gas companies. It is not just the land or resources beneath it that represent the value, but also the enabling exploration, extraction and upgrade technologies, argues Sajewycz. He adds that holding rights to such technologies can be powerful competitive advantages. Careful consideration should therefore be given to the vehicle one chooses to protect these innovations.

One of the more unique provisions contained in the America Invents Act was a rule which, for the first time in the history of United States patent law, would allow third parties to submit relevant materials directly to patent examiners. This week, the patent community learned what form the inclusive new system would take as the USPTO unveiled an online portal called Ask Patents.

According to a recent piece by Bruce Berman of Brody/Berman posted to IP CloseUp®, organizations should not necessarily measure the quality or success of their patents in terms of patent yield per R&D dollar spent. In other words, says Berman, while relevant, more R&D and more patents – even if the result is a lower average cost per patent filed - “are very limited indicators of success…” It depends upon the reasons a company is embarked on the effort, which in turn is (or should be) a function of the company’s strategy. “Is it to obtain patents that provide design and sales freedom?” Berman asks. “To reveal ideas for new products? To generate licensing income? All of the above?”