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 [...]
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 [...]
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 [...]
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), [...]
Design patents protect the appearance (ornamental design) of a functional object. The object must be functional- not artwork that is valued only for its appearance. However, the appearance of the object, to be protected by a design patent, must be purely ornamental and not functional. If the appearance of the object is dictated by its [...]
This post covers a very specialized subject and I am writing it 90% as a reference for myself, but hopefully some other practitioners out there will get some use out of it if nothing else.
What is a Design Patent?
The appearance (“ornamental design”) of useful articles (like cabinets, cars, shoes, etc.) that are not purely creative [...]
In Part 1 I laid out the three-step invention protection plan I encourage inventors to use to help prevent their invention from being stolen. In part 2 I discussed the first step of the plan, applying for patent protection. In part 3 I discussed the second step of the plan, the use of non-disclosure agreements. [...]
In Part 1 I laid out the three-step invention protection plan I encourage inventors to use to help prevent their invention from being stolen. In part 2 I discussed the first step of the plan, applying for patent protection. In this post I discuss the second step of the plan, the use of non-disclosure agreements.
Step [...]
In Part 1 I laid out the three-step invention protection plan I encourage inventors to use to help prevent their invention from being stolen. In this post I discuss step 1 of the plan, applying for patent protection.
Step 1) Apply for patent protection
Initial Patent Search and Filing
I generally recommend doing a patentability search first, to [...]
Many inventors who come to me have a great new idea but know that they need some help to make it a reality. Few inventors have the resources to manufacture, market, distribute, and sell their invention by themselves. They may need to bring investors on board to supply capital, hire manufacturing or programming experts [...]