An assignee search is a patent database search for all patent documents (i.e., patents and pre-grant publications) owned by a particular entity. The patent databases that are searched are typically the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the patent databases of specific countries. What is an assignee and assignor? An … [Read more...]
Guide to Identifying Patent Infringement Red Flags
Patent infringement is a serious issue that every business needs to know. It could cost you significant money if you address patent infringement after you launch your product. However, often, a little preplanning before you launch your product can save you time and money in the long run. Copying someone else's product is a red flag for patent infringement issues You must do … [Read more...]
What are the differences between structural, functional, and intended use claim limitations?
The focus of our discussion today will be on the various types of limitations in a patent claim, including structural, functional, and intended use claim limitations, and how they differ from one another. What is a structural claim limitation? A structural claim limitation is a type of limitation found in patent claims that restrict the claimed invention to a specific … [Read more...]
Understanding Patent Term Adjustments (PTA)
A patent gives inventors a right to exclude others from selling a competing product for 20 years. The 20-year period is known as the patent term. If the patent term can be extended, it would be a crucial factor in determining the profitability of the invention over the life of the patent. There are certain circumstances that can increase the length of the patent term and this … [Read more...]
What is a double patenting rejection?
A Double Patenting Rejection is a common issue faced by inventors who try to obtain two or more patents for the same or similar invention. Why someone would want more than two patents for the same invention? Isn't that redundant and a waste of money? What is the purpose and problem of obtaining two or more patents on an invention? Obtaining two patents on an invention isn't … [Read more...]
Should you conduct a patent search?
Conducting a patent search is a great idea before applying for a patent. A patent search can help you: determine if your invention is novel and nonobvious (i.e., patentability) which are requirements for obtaining a patent, write a better patent application, and avoid infringing on existing patents. What is a patent search? A patent search is a search of the … [Read more...]
What is a continuation-in-part patent (CIP) application?
A continuation-in-part patent application is a type of application that incorporates the subject matter of the parent application and additionally includes new subject matter. The inventor can now submit new claims directed to the new subject matter while still being able to claim the benefit of an earlier filing date for any subject matter (i.e., information) that was … [Read more...]
What is a divisional patent application?
A divisional patent application is a type of application that is filed after an original nonprovisional patent application (also known as a parent application) has been filed. The divisional patent application is filed to pursue patent protection for features of the invention that was included in the original application but not yet claimed. The divisional application is a … [Read more...]