Pitfalls in DIY Patent Drafting
Some inventors attempt to draft their own patent application. However, in my opinion, doing so is not advised. The reason is that many different legal principles must be applied when drafting the patent application. A self help book may be able to discuss these principles but inventors may not be able to assimilate these principles [...]
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CONTINUATION, DIVISIONAL , CONTINUATION IN PART APPLICATIONS
Continuation, divisional and continuation-in-part (CIP) applications are related to the filing of the prior filed patent application by a claim of priority. The prior filed patent application may be referred to as the parent or base application. The continuation, divisional and CIP application may be referred to as the child application. The simplified definition for [...]
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- Posted in: definitions, design around, patent strategy
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When is a document a “Printed Publication”?
The United States follows a first-to-invent rule wherein the first person to invent is awarded a patent. For example, if an inventor can prove that he or she conceived of the invention before someone else and diligently worked toward making a working model or filing a patent application, then that inventor will be awarded the [...]
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Pitfalls of Online Assisted Patent Filings
Many online websites provide assistance in filing a provisional patent application at a low price. Based on my understanding of these online sites, the website prompts the user with a series of questions. Your answers are placed into a patent application format and filed with the Patent Office. However, no legal advice is provided. In [...]
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- Posted in: FAQs, Retaining Legal Counsel
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What is the term of a patent?
The general rule is that the term of a patent is 20 years upon filing or 17 years upon issuance depending on the date that it was filed and whether it was enforceable on June 8, 1995. The term may be adjusted to account for delays caused by the Applicant or the Patent Office. If [...]
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Adjusting Patent Term Due to Delays
Generally, the basic term of a patent is either 20 years from the filing date of the patent application or 17 years from the issue date of the patent whichever is greater. However, there are many variations from the basic term. For example, the patent term for a continuation patent is calculated not from its [...]
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Penalty for False Patent Marking
Upon filing a patent application or issuance of a patent, a product disclosed by the patent application or covered by the claims of the issued patent may be marked either “Patent Pending” or “Patented” together with the patent number. The benefit of marking a product as patent pending is that it provides a warning that [...]
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- Posted in: Featured, patent marking
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Misconceptions of Provisional Patent Applications
After an inventor conceives of an invention, an application seeking patent protection may be filed with the United States Patent and Trademark Office. The first or initial patent application may either be a provisional or non provisional patent application. The provisional patent application is described as a lower cost option compared to the non-provisional patent [...]
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Public Use Bars Patent Protection Unless Such Use is an Experiment
Under U.S. patent laws, a patent application must be filed within one year of first publicly using the invention, offering the invention for sale or distributing a printed publication. The following case illustrates an example of a device that was not used in public view but still considered to be a public use. In New [...]
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Cease and desist letters
Once a patent issues, the patentee has a right to demand that others infringing on the claimed invention stop using, selling, offering for sale, manufacturing and importing the claimed invention into the United States. While not required, one of the first steps involved in exercising the patentee’s rights may involve sending a cease and desist [...]
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- Posted in: Infringement
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