In order to unfairly deter competition, companies would falsely mark a product as “patent pending” or even place a patent number on the product when no patent application or patent existed. This is referred to as false patent marking. Sometimes companies would make an innocent mistake and falsely mark their products as patent protected. Click here for proper usage of patent … [Read more...]
After patent grant
After patent grant, the invention is now patented. The patent owner may not sue others for damages and injunction. Browse related articles below.
Bottom line: Patent royalties based on activities after a licensed patent has expired is per se unlawful. Kimble v. Marvel (S. Ct. 2015). This rule is effective even if the parties did not know about the rule when they entered into the license agreement. Clients will often ask during the last days of a successful patent term how one might go about extending the patent … [Read more...]
Bottom line: Filing a continuing patent application is the best vehicle for broadening patent protection (i.e., patent’s claim), not reissue patent applications. In a broadening reissue patent application, the patent's claims cannot be amended or broadened so as to exclude the primary invention described in the patent application under the ‘original patent’ requirement. In … [Read more...]
Bottom line: By filing a string of continuing patent applications and not claiming priority for the continuing patent applications back to a common parent application, the patent owner may be able to extend patent protection for its product. Under U.S. patent laws, an inventor can file a series of successive child patent applications. This is commonly referred to as … [Read more...]
Immediately after issuance of a patent, it is useful to check that the claims are accurately printed on the patent. The USPTO uses character recognition software which sometimes results in inconsistencies in the claims. The following case illustrates a situation where the failure to check the accuracy of the claims resulted in the unenforceability of the claim at issue. In … [Read more...]