What is an Open Patent?

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 […]

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 […]

Trademark Law: Secondary Meaning

  In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]

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: 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 […]

What is Prior Art?

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 […]

Can I Squat and Take Over an Abandoned House?

The answer to that question is “yes”. However it is a lot more complicated than moving in and staying there. With the massive number of houses in foreclosure, many of them are sitting empty for long periods. There have been cases where people have gone into these homes and stayed in them for a few […]

Mark Malek

By Ken Datzman, Brevard Business News 05/28/2012

 

There are few government entities like the U.S. Patent and Trademark Office.

Beyond Wall Street, it is the rooted center of the universe of American capitalism. The office receives patent applications from entrepreneurs and businesses at the rate of more than 450,000 a year, with the majority filed electronically.

Some 6,000 examiners, generally scientists and engineers, review the applications, of which more than 150,000 a year are approved for patents.

As far as who can file to protect their invention, the patient office specifies only that the subject must be “useful.” The USPTO has granted more than 8 million patents since 1790.

These patented inventions help power the economy, in a big, sweeping way. Intellectual–property–intensive industries today support at least 40 million jobs and contribute more that $5 trillion to the U.S. gross domestic product, according to a U.S. Department of Commerce report

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