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: 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 […]
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 The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process. The next article tried to give some information about what constituted prior art. Now that we know what prior art is, let’s go over some good […]
By: Mark R. Malek In my last article, I noted that an inventor has a duty to disclose prior art that they know of when filing a patent application. But what is prior art? The answer to this question is extraordinarily important in determining not only patentability of an invention, but also in determining whether or […]
