Claim construction refers to a set of rules that help determine the scope and meaning of a patent's claims. These rules are essential for understanding what is and isn’t covered by a patent. Without them, writing, reading, and interpreting claims can feel frustrating and inconsistent. The good news? Once you grasp the rules, they become a reliable framework for navigating the … [Read more...]
Patent infringement
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
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How many examples are needed to fully satisfy the enablement requirement?
To satisfy the enablement requirement, you need to include enough examples in the patent specification so others can make and use your invention without excessive trial and error (known as “undue experimentation”). This means providing sufficient examples and explanations to cover the full scope of your claims. Failing to provide enough detail can lead to your patent being … [Read more...]
What Are Intervening Rights?
Intervening rights is a defense to patent infringement. Essentially, they come into play when a patent owner allows a patent or patent application to expire or become abandoned but later revives it. From the period of expiration or abandonment to revival (i.e., the intervening period), the patent appeared unenforceable, and the public may have relied on the lapse to start a … [Read more...]
Can You Infringe a Pending Utility Patent Application?
You cannot infringe a pending patent application. However, under specific circumstances, you can be liability for infringing published claims in a pending nonprovisional application, known as a pre-grant publication. Understanding these situation and what to do to mitigate liability is crucial to safeguarding your business and minimizing risk. Understanding Pre-Grant … [Read more...]
Deadlines for International Design Patent Protection Explained
After filing a U.S. design patent application, you have a six-month window to file international applications and claim priority to your U.S. filing date. This priority claim is governed by the Paris Convention for the Protection of Industrial Property, which facilitates the protection of industrial property, including industrial designs, across its member countries. … [Read more...]
Understanding Direct and Indirect Infringement in Patent Law
Direct infringement occurs when a person (e.g., company) makes a patented product. Indirect infringement occurs when the person or entity helps someone else make the patent product. By the end of this article, you’ll understand what they mean and if your liable for patent infringement. I'll also discuss how understanding these concepts helps you draft claims. What is Direct … [Read more...]
Understanding Literal Infringement: A Practical Guide
Literal infringement occurs when an accused product or process contains each and every limitation of a claim. This analysis is performed limitation by limitation, meaning that every specific requirement recited in the claim must be present in the accused product or process. Even if one limitation is absent or altered, there is no literal infringement. However, even if there is … [Read more...]
The Doctrine of Equivalents: What Every Innovator Should Know
The Doctrine of Equivalents (DOE) enlarges the scope of patent protection afforded under a patent beyond its literal scope. It is a judicially created rule in U.S. patent law that allows a patentee to assert infringement even if an accused product or process does not literally infringe the claims of a patent. The doctrine exists so that competitors can't make trivial … [Read more...]