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What Is a Patent and How Do I Get One
Like many patent owners or aspiring patent owners, at some point you may have found yourself in a situation where design protection was needed, but all you had was narrow utility protection. ...more
As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be nonfunctional. That is, the feature must have been an arbitrary choice added to identify the source...more
As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more
While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more
A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the...more
A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales,...more
You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more
What is a utility patent? The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”...more
Automatic Bar Controls, Inc.’s (ABC) Autosaucer® recently made the news again when it was described as “the secret to Costco’s delicious pizza.” A rotary pizza sauce dispensing system, the Autosaucer® features a turntable...more
The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018. According to the USPTO, “[t]his milestone of human ingenuity perhaps exceeds even...more
Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more