 |
 |
From the category archives:
The oath or declaration required to be submitted with a patent application must identify each inventor by full name (37 CFR §1.63). Anyone who contributes to the conception of the claimed invention qualifies as an inventor and must be listed (MPEP §2137.01(II)). Ordinarily, each listed inventor must sign the oath or declaration.
However, sometimes it [...]
{ 0 comments }
Recent IP news and information from around the web:
The Patent Reform Act of 2010 receives a favorable opinion and thorough analysis on Patent Baristas. Stephen Albainy-Jenei notes a number of critical features of the proposed bill, including authorization for the USPTO to set its own fees, a move to first-to-file, raising the bar for findings [...]
{ 0 comments }
There are two types of indirect patent infringement, inducement and contributory infringement. Learn what the difference is and how to recognize and avoid indirect infringement.
What is inducement of patent infringement?
Inducement of patent infringement is (sparingly) defined by statute in 35 U.S.C. §271(b). Affirmatively and intentionally causing, encouraging, or aiding the direct infringement of another constitutes [...]
{ 0 comments }
As noted in my previous post, many businesses are more focused on obtaining patent protection for their own innovations than on avoiding conflicts with the patents of others. But even when business owners are aware of infringement issues, they frequently think only in terms of direct infringement.
What is Direct Patent Infringement?
Direct patent infringement is a [...]
{ 1 comment }
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 [...]
{ 1 comment }
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 [...]
{ 0 comments }
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 [...]
{ 3 comments }
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 [...]
{ 0 comments }
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 [...]
{ 2 comments }
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 [...]
{ 0 comments }
Disclaimer: This website is provided for general informational purposes only and is not legal advice.
Subscribe to Patent101's RSS feed.
