Whether you need a design patent or a utility patent, the process can be a long an expensive one. It often takes well over a year for the United States Patent and Trademark Office (USPTO) to approve patent. As you consider what type of protection your idea needs, do not forget that there are instances […]
Category: Patent Law
What are patent claims?
A patent application can take hours to put together. You want it to be thorough, but, more importantly, if it is approved, you want it to protect your invention. While all the parts of the application are important, they serve distinct functions. The drawings and description give meaning to the text in the “claims” section, […]
What value does an attorney bring to my patent application?
In some ways, it seems as though people have come full circle. We started out trying to do everything ourselves, then came an age of specialization. If you wanted something done, you asked someone who trained in it. Now, in an age where the answers are more accessible than ever, many people are tempted to […]
What is the Track One program?
Researching and developing a new idea can be a long journey, but at least it can feel like a productive one. The process of waiting for the patent process can feel more like a waiting game since most patents take one to two years until they are licensed. Completing the application gets you the legal […]
Do I need a provisional patent?
For any inventor who has considered filing for a patent, it is no surprise that the process is a long one. A patent will take over a year, and often will take two or more years. While there is a “fast track” application, you can still expect the process to take one to two years. […]
When can I label my product as “patent pending?”
Before creating your concept, you may have dismissed messages on other products that said, “patent pending.” Now that you have your own idea that needs protection, those words seem like they have the potential to add a layer of protection while your patent is processing. After spending a significant amount of time and money developing […]
Giving my patent to someone else
After developing your idea and going through the patent process, it may seem like your work is complete. While your patent may be an integral part of your business, you no longer have the burden of creating an idea. Your patent, in many ways, is part of your life’s work. As you prepare your estate […]
Does my patent need international protection?
Developing an idea is a long and expensive process. While some ideas come quickly, others take time and testing to discover whether they will be beneficial to the public. After going through development and then the patent process, it may seem like you have jumped through every available hoop to make sure that your idea […]
Patent thickets: an IP reality posing unique challenges
Road Runner cartoon fans know that if Wile E. Coyote pulls out a bucket of glue to capture the elusive bird, things are not going to go well. Whatever happens, the nature of the sticky situation is one that will mean trouble for the canine and elicit laughs from viewers. In the intellectual property realm, […]
‘Must have’ argument fails to fly in Apple IPR appeal
A common element of patent challenges these days through inter partes review (IPR) is the claim that a patent shouldn’t have been granted in the first place because of obviousness due to prior art. This is a claim that Apple attempted to use in responding to allegations that it had infringed on a patent held […]