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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Penalty for False 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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What Types of Inventions are Obvious?
Inventors frequently ask whether the Patent Office will grant them a patent on their invention. The general answer is that the Patent Office will grant a patent on inventions that are novel (i.e., new) and non-obvious in light of technology existing at the time the patent application was filed. The government does not have an [...]
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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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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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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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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Rescission of Proposed Rules to Continuation and Claims Practice
The rules regarding continuation practice and claim practice which were proposed and would have been implemented in 2007 have been enjoined ever since. On September 21, 2009, the Patent Office with GlaxoSmithKline and Dr. Tafas filed a joint motion to dismiss the appeal and vacate the judgment of the district court since the Patent Office [...]
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