Patents

By: Dan Pierron As has been well publicized, starting March 16, the U.S. patent system will join the rest of the world by transitioning from a First-to-Invent system to a First-to-File system, where regardless of when they invented it, the first applicant to file an application with the USPTO has priority.  Many are predicting a torrent of […]

By: Mark R. Malek In my previous article, I indicated that a patent is important to protect the rights of innovators and to encourage them to continue to innovate.  This is done by providing a patent holder with an exclusive right to exclude others from making, using, selling, or offering to sell the invention that is […]

By: Dan Pierron As a follower of several tech websites, it’s my general impression that the cost of 3D printers and their associated printing media are quickly dropping in price, to the point that it is within the budget of some hobbyists and semi-professional hardware manufacturers to purchase and operate the machines.  While this is certainly […]

By: Mark R. Malek Patent rights are derived from the U.S. Constitution.  Many people mistakenly call patents rights a monopoly, but that is not exactly accurate.  I will be posting a follow up article on this one that explains precisely why patents are not monopolies, and why it drives me completely nuts when people call them […]

By: Dan Pierron For the inventor who is also a patent novice, there is a pitfall in telling others about your invention.  There are an unfortunate many who shoot themselves in the foot by disclosing their invention to others without taking necessary precautions to preserve their patent rights, and that disclosure can have negative consequences at […]

By: Dan Pierron It seems there is a growing trend in the reporting of patent litigation and the prosecution of patents by high-profile applicants (the likes of Google, Apple, Microsoft, etc.) where the basic gist of the invention is described in the article in very broad terms, but there is little or no reference to the […]

Inequitable Conduct

How do I defend allegations of patent infringement? An attorney may choose to argue that the infringed patent is invalid. However, an alternative strategy may entail a claim of inequitable conduct. A successful claim of inequitable conduct renders a patent unenforceable because the court will exercise its power of equitable discretion not to enforce the […]

By: Mark R. Malek I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend.  For the sake of showing that the Patent world is very in touch with the holiday season, we would like to share with you some Thanksgiving related patents that we came […]

Patent and Trademark Registration Owners BEWARE

By Daniel Davidson The U.S. Patent and Trademark Office is warning owners of patent and trademark registrations to be cautious when it comes to solicitations received in the mail.  The USPTO has received numerous complaints from patent and trademark owners regarding solicitations that are deceptive and request that money be sent to them to monitor […]

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