Claims – Most Important Part of the Patent
The claims section of a patent defines the metes and bounds of what the inventor is claiming as their invention. As such, the claims section is an important part of the patent. The claims are located at the back of the patent document and usually begins with “What is claimed is:”, “We claim:” or “I [...]
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- Posted in: Infringement, design around
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Patent Assignments for Independent Contractors
Patent rights initially vest with the person that conceives of the invention. For example, if a company hires an independent contractors, patent rights initially vest with the independent contractor. If the company hiring the independent contractor wants to exploit the invention, the company must acquire the patent rights from the independent contractor through an assignment. [...]
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Can I Copy My Competitor’s Product? (Design Patent)
Companies may base their existing and future product lines on new products produced by their competitors. However, businesses must be careful not to infringe upon rights of others when doing so. For example, your competitor may have rights in the utilitarian features (e.g., runs faster, stays cooler, etc.) through a utility patent or the ornamental [...]
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Can I Copy My Competitor’s Product?
Businesses track new products and developments of their competitors. They attend trade shows, receive information from mutual clients about new products offered by others. In response, companies may attempt to introduce a competitive alternative. In doing so, they may reverse engineer (i.e., purchase and take apart) their competitors products. When they base their products on [...]
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Avoid Problems: Get an Invention Assignment Agreement
Companies acquire invention rights by one of three ways from employees. A formal Invention Assignment Agreement is typically executed when the employee begins employment. The Agreement assigns certain inventions of the employee to the company. Invention rights can also be acquired by way of the Employed-to-Invent doctrine. In particular, to the extent that the employer [...]
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- Posted in: assignments, ownership
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Misplaced Reliance on First to Invent, Just File First
In the United States, the first person to invent is entitled to a patent. When two different inventors file two separate patent applications on the same invention, the courts will initially look to the filing dates of the patent applications to see who was the first to file. Since the first to file can prove [...]
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Bidding on a Proposal Triggers On Sale Bar
A patent application must be filed within one year after an offer for sale of the invention, public use of the invention or distribution of a printed publication regarding the invention, whichever event occurs first. Otherwise, the inventor is barred from receiving patent protection for the invention. During this one year grace period, the inventors [...]
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Conflicting Invention Assignment Clauses
In conflicting invention assignment agreements, the “does hereby assign” language of Cetus’ Agreement was operative to immediately assign the invention and vest title of the invention to Cetus instead of the inventor’s employer – Stanford.
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Disclose Information Related to Your Invention
After a patent application is filed with the United States Patent and Trademark Office, each individual involved with the patent application has a duty to disclose information that is material to the patentability of the invention. Failure to disclose all material information coupled with an intent to mislead the Patent Office may jeopardize the validity [...]
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Interview the Examiner Prior to First Office Action
The Patent Office has continued the First Action Interview Pilot Program effective October 1, 2009 until April 1, 2010. During the examination process, the examiner assigned to a patent application typically does not hold an interview with the applicant until after the examiner renders an initial Office Action. An interview prior to the first Office [...]
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