A provisional patent application (PPA) is not a cheap option but it is a lower cost alternative to a non provisional patent application. The reason is that although the provisional patent application has lower minimum requirements than the nonprovisional patent application, the PPA has to disclose all of the details that the NPA must disclose. The provisional 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.
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...]
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...]
Patent search websites
The two online patent search resources that I utilize the most to retrieve patent documents and to research patents are freepatentsonline.com and the uspto.gov website.The uspto.gov website provides two different databases. One for issued patents and one for published patent applications. Some published patents applications mature into a patent but some do not. Hence, … [Read more...]
Pros and cons of filing a continuation-in-part application
Bottom line The pro for filing a continuation-in-part application is lower downstream costs. The cons are a shortened patent term and also your prior arguments and statements made in the parent application/patent can and will be used against you to narrowly interpret the claim language in a patent maturing from the subsequent continuation-in-part application.To discuss … [Read more...]
4 Steps in the patent process
The process for getting a patent has four steps.Step 1: File an application for patent with the United States Patent and Trademark Office (USPTO) Step 2: Examination of patent application Step 3: Respond to any objections or rejections made by the examiner Step 4: Patent grantRead more about each step and what you ought to do before and during each … [Read more...]
Written description requirement for writing a patent application
A patent application is a well-crafted document which has many different requirements for it to be effective. One of the requirements is the written description requirement. The Manual of Patent Examining Procedure states that “to satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in … [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...]