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Patents

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IP Rights at Auction

Auction of a covenant not to sue could change IP litigation landscape

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Patents -- What are they Good For?

It takes a good deal of time, money, and effort to get a patent. Is it worth it? In other words, what is a patent good for?

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Plant Patents

A human-made plant can also be the subject of a utility patent.

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Patent Marking an Invention

The America Invents Act, passed in Setpember 2011, initiated two changes regarding patent marking.

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Patents and GATT: The General Agreement on Tariffs and Trade

The General Agreement on Tariffs and Trade (GATT) is among the most important international trade treaties in our history.

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Patent Interference

An “interference” is patent jargon for an administrative proceeding to determine who gets the patent in situations where two pending applications...

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Patent Misuse

Use of a patent in a manner that violates federal patent or antitrust laws may result in the patent being declared invalid or unenforceable by a cou...

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Patents and File Wrapper Estoppel

The official file in which a patent is contained at the U.S. Patent Office is known as the file wrapper.

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Patent Invalidity as a Defense

Patent invalidity is a common defense in patent infringement lawsuits.

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Design Patents: Ornamental Design?

For patent purposes, “design” refers to the visual and reproducible appearance of products.

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Design Patents: Novelty and Nonobviousness

To meet the standards of a design patent, a design must be new and original, nobvious, and an ornamental design for a functional device. 

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Design Patents: The Basics

A design patent will be issued by the U.S.

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What are Patent Claims?

Claims are statements included in a patent application that describe (or “recite”) the structure of an invention in precise and exact terms, usi...

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America Invents Act: Analysis by David Pressman

Patent It Yourself author David Pressman analyzes the America Invents Act.

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Preparing a Design Patent Application

Here are the elements required when filing for a design patent.

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Should You Get a Design Patent?

Design patents offer broad legal rights but there are some drawbacks, as well.

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Recent Patent Law Cases

Here are some of the patent cases decided since 2009.

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First-To-File Patents: Derivation Proceedings

With a "First-To-File" Patent System, an opportunity for patent theft is opened up, allowing someone to "steal" an unpatented idea and file for pa...

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Design Patent Basics

By Rich Stim A design patent covers the unique, ornamental, or visible shape or design of a useful object.

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Timeline for Patent Reform Act (America Invents Act)

The America Invents Act (also referred to as the “Patent Reform Act of 2011”) was enacted September 16, 2011.

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Prior User Rights in a First to File Patent System

A change in patent law in the United States, to a "First-to-File" system, may require the addition of prior user rights to allow those using non-paten...

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Proposed First-to-File System: Advantages & Disadvantages

The proposed Patent Reform Act of 2011 is once again attempting to bring the United States in line with the first-to-file priority systems of the rest...

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Is Your Pre-Invention Assignment Legal?

Contract rules and state laws affect the legality of pre-invention assignments ...

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Patent Ownership

The fact that you’ve invented something doesn’t necessarily mean that you own it, or that you own it exclusively.

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Patent Usage By Small Business In The US: A Neglected Line Of Business

The more time I spend working in the patent and trademark field the more apparent certain inequities become. Despite what appears to be a sincere ef...

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Should I Use a Local or National Patent Attorney?

This is a very good question, and one that should be thought through carefully. First, let’s discuss the advantages in using a local attorney. For...

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Patent Filing and Rights for Employees

The general rule is that your rights to an invention can be acquired by your employer either through a written agreement (such as an employment contra...

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The Patent Application Process

Getting the USPTO to grant a patent is a rigorous, time-consuming, and often complex procedure ...

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Registration Provisional Patents Process

In 1995, a system went into effect that permits an inventor to file a Provisional Patent Application (PPA), an interim document that is equivalent t...

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Filing a Patent Application

Are you considering filing for a utility patent? Are you curious about what’s contained in the application? If you opened a typical utility patent a...

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Patenting Computer Software

The U.S. Patent and Trademark office doesn't issue utility patents on software itself; they issue patents on inventions that use innovative software t...

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Understanding Patents

Before you contact a law firm to discuss protecting your intellectual property (IP), understand the basics of IP.  The basics include the differences...

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Enforcing Patent Rights

So what is patent infringement? Typically, it comes in one of two forms: literal infringement or a similar invention that qualifies as an infringe...

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Nonobviousness & First to Invent

When preparing a patent application, an inventor must declare that the invention is novel, and nonobvious, and that the inventor is the first to inv...

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Patent Infringement:

Once a patent is granted, the owner may enforce it by bringing a patent infringement action (lawsuit) against anyone who makes, uses, or sells the i...

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Patents Legal Issues When Applying for a Patent

The four legal issues (or requirements) for a utility patent are: (1) the invention falls within one of the classes described in the statute; (2...

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Patent Litigation Defenses

When a patent owner sues for infringement, there are a number of defenses, the most common of which is that the defendant’s invention doesn’t infr...

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Patent Legal Services

An extensive list of patent legal services is provided to clients by patent attorneys.  The common factor in all of these services is that the atto...

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The Cost of Patent Filing

Obtaining and maintaining a patent can be an expensive and time-consuming process. Not only must you pay a variety of patent fees, but you may also ...

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This article is provided for informational purposes only. If you need legal advice or representation,
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