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From the category archives:
Small to medium-sized businesses and inventors are usually very focused on securing patent rights in the new aspects of their inventions. This is understandable. They want to be able to market and develop their inventions without having to fear that their ideas will be appropriated by competitors.
However, few think about the flip side of [...]
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This is part two of a two-part podcast I recently filmed for LegalRiver on the steps for getting a patent. In this part I address the last two steps, preparing and filing your application and getting your application through the examination process at the United States Patent and Trademark Office. In the first part, I [...]
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I recently filmed this short (<5 min.) video for LegalRiver on the steps for getting a patent. In this part I address the first two steps, having a patentability search report and opinion prepared and deciding what type of application to file. In the next video, I discuss the last two steps, preparing and filing [...]
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In a recent blog post, Seth Godin seems to question whether trademarks, copyrights, and patents have value. He begins with the question “If we’re in the idea business, how to protect those ideas?” and ends with “Don’t.” Instead, he recommends, “spread them. Build a reputation as someone who creates great ideas.” Along the way, he [...]
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If you are aware of a competitor who has been issued a patent improperly, there is an administrative remedy available to you at much lower cost than a lawsuit. This administrative option is the reexamination procedure. In a reexamination, an issued patent is reviewed by the Patent Office in light of your input and may [...]
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Most of the information available on intellectual property has a legal focus. Even this blog, which is intended for a business audience, addresses particular legal issues a great deal. That sort of information can be invaluable, but at the same time I am looking to expand a little more into the role that IP plays [...]
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In an earlier post, I addressed the question of what you can do if you discover invalidating prior art while a patent application is still pending. The long and the short of it was, usually not much.
But what about if a patent has already issued? Is there any way to invalidate it or at least [...]
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If you have become aware of the patent application of a competitor or potential licensee and do not want that application to issue as a patent, you have very limited options. For the most part, patent examination is between the Examiner and the Applicant, and a third party cannot get involved.
Even if you think you [...]
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Design patents protect the appearance of a variety of commercial objects. Copyrights protect visual creative works (among other things), such as paintings and sculptures. You may wonder whether copyright and design patent protection overlap or how to you decide which to use.
The Copyright/Design Patent Subject Matter Distinction
Copyrights protect nonfunctional objects. The copyrighted subject matter must [...]
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Note: I have not been posting much lately do to extended travel and work considerations, but I should be back to a normal posting schedule shortly. Now to the topic at hand.
Design Patents Protect Appearance – Utility Patents Protect Functionality
Design patents differ from utility patents (what we usually think of, when we think of patents), [...]
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