Much has been made of the demise of U.S. manufacturing. Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and...more
3/20/2024
/ Business Strategies ,
Innovation ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
IP License ,
Patent Ownership ,
Patent Registration ,
Patents ,
Technology Sector
I. Trade Dress Is Either a Trademark or Service Mark.
“Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
9/9/2021
/ Acquired Distinctiveness ,
Aesthetic Functionality ,
Dilution ,
Infringement ,
Inherently Distinctive ,
Intellectual Property Protection ,
Registration ,
Service Marks ,
Trade Dress ,
Trademarks ,
USPTO
Sometimes appealing an Examiner’s rejection is the only practical option. If no claims of valuable scope have been allowed or indicated as allowable, and all clarifying claim amendments, supporting evidence and salient...more
10/18/2019
/ Appeals ,
Claim Amendments ,
Claim Procedures ,
Evidence ,
Ex Partes Reexamination ,
Notice of Appeal ,
Patent Applications ,
Patent Examinations ,
Patent Prosecution ,
Patents ,
Prior Art ,
USPTO
Prosecution of a U.S. trademark application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
Over 90% of U.S. Patents Lack Strategic Value.
It is estimated that over 90% of patents lack strategic value, i.e., they can be easily circumvented and do not block competitors. The main reasons for this are: (1) the...more
I. Introduction.
“Prosecution” of a patent application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and...more
I. Introduction.
Using method claims to protect a device is often overlooked because conventional thinking equates device protection with only device claims. A device can, however, be protected by method claims, because a...more
“Prosecution” of a utility patent application is the process by which anapplication advances through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
Before copying or reverse engineering a functional product or process analyze each of the issues below. It is best to consult an experienced patent attorney during this analysis.
I. Is there a Contract Preventing the Use...more
9/28/2018
/ Copyright ,
Copyright Infringement ,
Design Patent ,
Intellectual Property Protection ,
IP License ,
Misappropriation ,
Patents ,
Reverse Engineering ,
Software Developers ,
Software Patents ,
Trade Secrets
I. Lengthy, Narrow Patent Claims Are Often Worthless.
Typically, the less detail in a claim, the broader its scope and the more difficult for a competitor to develop a costeffective, non-infringing alternative. And...more
I. Most Low-End Patents Have Zero Value.
The term low-end generally denotes a low-cost product with corresponding low quality or value. In the context of patents, however, there is no corresponding low value because lack...more
A. The Goal Is to Make Money and Not to Merely Get a Patent.
A patent defines a piece of intellectual property. Analogous to the size of a parcel of land, the size of a patent (usually referred to as its scope) is...more
I. What is a Multiple-Dependent Claim and a Multiple-Dependent Example?
A dependent claim depends from a previous claim and adds more detail to the previous claim. A multiple-dependent claim depends from more than one...more
Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable.
Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more
Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below.
(1) Ideas Cannot Be Patented.
Only inventions can be patented. The legal...more
11/1/2017
/ Abstract Ideas ,
Computer-Related Inventions ,
Copyright ,
Copyright Infringement ,
Inducement ,
Intellectual Property Protection ,
Inventions ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Software Patents ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
USPTO
When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016.
Patent Trolls account for about 67% of those.
...more
This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical...more
1. Keep Your Eyes on the Prize.
A patent defines a piece of intellectual property. As with a parcel of land, the patent’s owner can legally prevent any trespass (called an infringement) on the patent. Analogous to the...more
I. Introduction.
U.S. and worldwide patent filings are at all-time highs. About 620 thousand patent applications were filed in the United States in 2016, and about 2.9 million patent applications were filed worldwide in...more
Provisional applications were introduced in the United States in the Inventor’s Protection Act of 1995. The purpose was to facilitate a quick filing, if necessary, to establish a priority filing date and salvage potential...more
I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term.
A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more
I. Conducting a Clearance Search -
A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your...more
Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and Mexico. About eighty percent of the U.S. economy is now...more
Today, building a strong patent portfolio is critical for businesses wanting to create exclusive technology sectors to generate greater market share and profits. A strong patent portfolio also provides defensive leverage...more
1. The Difference Between a Trademark, Service Mark, and Trade Dress.
A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more
9/22/2016
/ European Union Trade Mark (EUTM) ,
Federal Trademark Register ,
Foreign Trademark ,
Intellectual Property Protection ,
Scams ,
Service Marks ,
Trade Dress ,
Trademark Policing ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO