Summary This article explores the high-stakes of patent infringement strategy and why a “sue first” mentality could lead to financial disaster. I break down the hidden risks of sending premature cease and desist letters, including the devastating potential for being faced with a Declaratory Judgment action. Readers will learn how
Summary: This article explores the critical nuances of patent infringement for startups, specifically addressing why a “patent pending” status is often a false sense of security and may not be enough. You should care because misinterpreting your intellectual property (IP) rights can leave your innovations vulnerable to competitors at major
Summary This article explains the critical differences between receiving a patent rejection from the USPTO and committing patent infringement against a competitor. Many inventors mistakenly believe that a cited patent in an Office Action implies legal liability or “copying,” leading to unnecessary panic. By understanding these two distinct legal analyses,
First, you might wonder what patent licensing is. It is part of how to patent an idea and is the agreement between the owner and a licensee to transfer the interest in a patent to the licensee. The licensee then can benefit and enforce the rights of the patent. The
Before you even apply for a patent, you might want to know what kind of rights you would have as a patent owner. A patent does not give an owner unlimited rights because he/she has received a patent. The patent owner rights are listed below. If you register your patent,
Has your patent been repeatedly rejected? If so, you could consider filing an appeal and this might be your only reasonable option. It is probably the right time for an appeal if you have tried to compromise with the patent examiner and tried using easier options. The appeals are decided
Computers are a big part of our lives so it would not be unheard of for anyone to question whether or not software-related inventions can be patented? The answer to this is laws and practices regarding this can differ from one country or region to another. For example, in some
Have you heard of an X-Patent? I think you will find this information to be interesting. An X-Patent are all of the patents that are issued by the United States Patent and Trademark Office (USPTO) from July 1790 to July 1836. The first patent was issued in 1790. The inventor
Today I’m going to answer your question – What is a statutory bar under the U.S. Patent Law? https://www.youtube.com/watch?v=zrCJ8YILAMc Patent Attorney Video Series – Question 7 Read the transcript. What is a Statutory Bar? What is a bar, or a bar date? No, we’re not talking about “go to the
The US Patent Law changed in 2013 to a “First To File” – how will this affect inventors and small business? Watch this video to find out. https://www.youtube.com/watch?v=doH4OiPk70M The “First To File” Patent Law and what inventors and small businesses need to know Read the transcript. Today I’m going to talk