Patents

By: Dan Pierron Infringement suits filed by Non-Practicing Entities/Patent Trolls are old news.  In reading articles and comment boards on such suits, it seems the criticisms of the NPE tend to fall into one of two categories: that those who do not participate in the marketplace should not be able to benefit from patent suits; […]

By: Dan Pierron Although frequently an option of last resort, filing a patent infringement lawsuit is the most direct and aggressive manner of enforcing a patent.  By filing a lawsuit in federal court, you can command a response from an otherwise unresponsive party, stand up to an unreasonable and uncooperative party, or demonstrate a position […]

Design Patents: Protecting Animated Icons

Design patent protection is a potentially powerful tool that inventors such as graphics designers and software developers may be able to apply to animated computer icons, including images that change in appearance during viewing. Design patent applications may be written to claim not only the static design of an article of manufacture, but also the design […]

By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter.  The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe […]

Utility Patents vs Design Patents

For inventors who wish to patent their inventions, may times they will need to acquire both utility and design patents.  What is the difference between utility patents and design patents?  Design patents protect and cover the physical shape and appearance of the invention, whereas the utility patent protects the functionality of the invention.  For instance, […]

What is an Open Patent?

In 1959, Volvo came out with the three-point seat belt, a seat belt designed by Swedish Engineer Nils Bohlin.  Bohlin wanted to design a seat belt that could prevent whiplash and deaths.  His design is considered an industrial design which was patented as such in 1962.  Seven years later Volvo decided to offer Bohlin’s seat […]

Infringement Analysis: What To Expect

Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention.  You ask your patent attorney to help you stop the infringing behavior.  Your attorney (hopefully) responds by recommending an infringement analysis.  You may think, “Analysis?!?  What’s to think about?  I just want to stop […]

By: Dan Pierron Congratulations!  Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget.  Right?  Maybe not.  Deciding how to utilize a single patent or an entire portfolio […]

By: Mark R. Malek My last article provided a brief overview of the patent system.  I also wrote another article about why patents are somewhat important.  This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents.  This article will attempt to […]

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