Recent Patent Articles
Collateral estoppel applies to similar claim terms in a patent family
Collateral estoppel is a legal rule that protects a party from having to litigate issues that have already been fully and fairly tried in a previous action and adversely resolved against a party-opponent. This rule can work against the patent owner … [Read More...]
Implicit structure satisfies written description requirement
The written description requirement is stated in 35 U.S.C. 112 which recites that the “specification shall contain a written description of the invention.” The standard for the written description requirement is whether the disclosure or application … [Read More...]
Patent Marking: Burden of production and burden of proof
Failure to properly mark a product with its patent number limits an infringer's liability for damages. Infringers have the burden of production to initially identify products which the patentee failed to mark. The patentee then has the burden of … [Read More...]
What are the patent marking requirements and its benefits?
In order to ensure maximum compensation for any infringements on your patents, your products should include a clear patent marking to show that they are protected. Let's dive-in: Patent marking provides constructive notice to the public of your … [Read More...]
Licensing Termination Provisions
Licensing Termination Provisions for Under-performing License Agreements After securing a patent on an invention and you are making money, another company may want to use the patented technology in their product or service. To give a business the … [Read More...]
Trademark registration on the supplemental register: Pros and Cons
All business owners think that their trademarks is unique and easily recognizable and may apply for a “trademark” to protect their logo and branding. Trademark protection is not available, however, for marks that are considered to be descriptive … [Read More...]
Preparing drawings for a design patent application
The drawings for a design patent application is the most important part of the design patent application. The drawings define the scope of protection afforded under the design patent. The drawings for the design patent application are not designed … [Read More...]
Pitching the invention to investor while protecting the invention
An inventor may want to attract investors (e.g., angel investor) to help with the finances of launching an invention. The inventor might just have an idea and nothing else. They may not have started the patent process, engineering, prototyping, or … [Read More...]