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One of the highlights of the U.S. patent system is that patent applications can be continued and even changed during the examination through multiple iterations. Let’s say you receive a rejection of your application from the patent office, or even a final rejection. There is nothing final about this rejection. You have several options, which Read More

The year is 1915 and you just designed the new Coca-Cola bottle. Should you seek design patent protection or go for trademark protection? Trade dress refers to the unique packaging or appearance of a product that distinguishes it from others in the market. Not only product packaging, but also store designs, website layouts, and other Read More

I am still asked by some of my new clients if mailing a letter to themselves containing information about their patent is still a valid form of protection. The simple answer is that it is no longer valid as we have a first-to-file system with the patent office and not a first-to-invent system. The patent Read More

Today, I’d like to shed light on the strategic choices that businesses face when protecting their innovations. Namely patents or trade secrets. Patents offer public recognition and legal protection for novel inventions. They grant exclusive rights for a limited time, encouraging their inventors to share their ideas with the world in exchange for safeguarding their Read More

Patent infringement is the unauthorized use, manufacture, or sale of a patented invention without permission of the patent holder. If you suspect that someone is infringing your patent, you can take the following steps to stop them. First, gather evidence. That means collect all relevant information and evidence that proves the infringement. This includes any Read More

Most people have little experience with patents in their lives. They may need a patent attorney once in their life or maybe not at all. So it’s important to understand the different parts of a patent application in order to help your attorney draft the application. A patent application begins with a discussion of the Read More

A patent grants inventors exclusive rights to their inventions and prevents others from making, using, or selling the invention without your permission. If your invention is not patentable, you can still protect it by having potential customers sign a nondisclosure agreement, or NDA. If you have more questions about this, I consider consulting with an Read More

Of course, when you start to manufacture your invention, your competition will see it and can legally copy it until your patent issues. Even if you don’t show your invention but you file an application, it’ll be published 18 months after filing unless you give up all rights to file abroad. In conclusion, it is Read More

Patent claims are an essential part of a patent application. They define the scope of protection conferred by a patent and the subject matter that’s protected by it. In other words, the claims are the legal definition of what the patent covers and what it doesn’t. The purpose of the claims is to provide notice Read More

A patent claim is usually expressed as a statement of technical facts and legal terms. It defines the boundaries of an invention and lays down what the patent does and doesn’t cover. A claim should not be too broad or too narrow. It should include the minimal set of limitations that differentiate an invention over Read More