What is a claim of priority? A claim of priority is a reference in a later filed patent application back to an earlier filed patent application. What is the benefit? The claim of priority allows the later filed application to enjoy a priority date as of the filing date of the earlier filed patent application and not the actual filing date of the later filed patent … [Read more...]
Patent application process
The patent application process includes three main time frames: 1) before filing patent application, 2) after filing a patent application and 3) after patent grant. Browse related articles below.
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 reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter. A body of case law … [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 proof to show that the unmarked products are not covered by the patent. In Arctic Cat Inc. v. Bombardier Recreational Products Inc. … [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 patent. Constructive notice is given to the public of your patent by affixing the patent number on the patented product. By doing … [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 right to use the patented technology, the patent holder and the business enter into a contract for the right to use the intellectual … [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 to tell a story as in the drawings for a utility patent application. Rather, because a design patent protects the ornamentation … [Read more...]
Preparing Drawings for a Utility Patent Application
The drawings for a utility patent application are one of the most important parts of the patent application. The drawings are a quick, easy way to establish some understanding of what to expect if one were to spend time reading the utility patent or application. Patent rules also require the drawings show what is being claimed as the invention. Moreover, without the drawings, … [Read more...]
Incorporating known components and methods into patent specification
A patent specification has a number of different legal requirements. One of those requirements is that the patent specification must provide a “written description” of the claimed invention. 35 U.S.C. § 112 recites that the “specification shall contain a written description of the invention ….” An excerpt from the Stanford case discussed below explains the standard to … [Read more...]