By: Mark R. Malek So you have just received your Notice of Allowance for your patent application. In the Notice of Allowance, there is a requirement for you to pay an issue fee and a publication fee. You may have paid the publication fee early pursuant to a request for early publication. Section 1129 of […]
By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must satisfy a four-factor test before a court may grant such relief. The patentee must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate […]
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 […]
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 […]
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, […]
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 […]
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 […]
2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent and Trademark Office. One important structural change was the separation of the patent and trademark functions into separate operating units within the PTO. The PTO implemented a new position, which was titled the “Director of […]
