A patent in the United States grants an inventor the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention in this country. Such a right to exclude competitors can be a useful business tool. But too many inventors, in my opinion, delay the birthing of an invention-centric business […]
By: Mark Malek In my last post I discussed the different parts of a patent application. You may recall that one of the parts, the most important part, was the claims. The claims outline the scope of protection that is being sought in the patent application. After the patent application successfully passes through examination process, […]
As mentioned in an earlier blog, many businesses are unaware of the need and/or are unfamiliar with the procedures to extend patent rights outside the United States. This article describes some factors characteristic of the invention itself that one may consider when making the important decision to file for patent protection in foreign countries. Invention Factors […]
The Parts Of A Patent Application
There are many parts of a patent application, and each part is very important to the patent application. When drafting a patent application, it is important to be sure that it is complete, and that it can withstand challenges to validity based on formalities.
Inventor and Fraud
If an inventor is under an obligation to assign the rights to an invention to a company, it would be fraud to try to file the application in the name of another. Engaging in such fraud can open up (and tip over) a can of worms for the inventor that may not be easily cleaned up.
Obtaining Patent Rights For A Deceased Inventor
If an inventor passes away prior to filing a patent application, or prior to executing an oath or declaration, a substitute statement can be filed by the deceased inventor’s legal representative.
The Enablement Requirement can come into play in the most critical moments in patent prosecution
Uncooperative Inventors
What happens when an inventor refuses to sign filing documents of a patent application? Remaining inventors may file the patent application without the uncooperative inventor.
In a dissent from the court opinion filed in CLS Bank v. Alice Corp, Federal Circuit Judges Linn and O’Malley unceremoniously burst the bubble of several Amici who urged the court to use this case to undermine software patents. In the process, the authors school their colleagues on the dangers of two judicial sirens: extra-record fact finding and legislating from the bench.
