The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]
Widerman Malek Law Blog
What Happens If You Claim The Wrong Entity Status In The Patent Office?
By: Mark R. Malek In my last article, I outlined the new filing status in the Patent Office that can save inventors even more money in the patent process – that of the micro-entity. As you may recall from that article, when filing a patent application (and throughout the patent prosecution process), you must pay […]
Trademark Law: first to use v. first to file
In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]
March Madness and Other NCAA Trademarks
By: Mark R. Malek So the big tournament starts tonight – that’s right, we are starting with 64 teams and the team that goes through the tournament undefeated brings home the big trophy. Half the fun is looking for that Cinderella team that upsets a few teams on the way, maybe even makes it to […]
Reviving A Patent That Was Abandoned For Failure To Pay Maintenance Fees
By: Mark R. Malek You may recall that my last article was directed to the requirement to pay maintenance fees in order to keep your patent alive. As was discussed in that article, maintenance fees must be paid at 3.5 years, 7.5 years and 11.5 years after the patent has issued. When someone has not paid […]
Three Reasons Start Up Companies Should Hire Trademark Attorneys
One of the first things decided upon by entrepreneurs is the name of their company and products. Once the name is selected, it is time to get down to work. Entrepreneurs register their businesses with the state, purchase web domain names and build their online websites. Then as the business grows they may allocate money […]
Pleading Inequitable Conduct
By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The court in Exergen Corp. v. Wal-Mart Stores, Inc., […]
Reviving An Abandoned Patent Application
By: Mark R. Malek If you haven’t noticed, many of my posts lately have revolved around the questions that I get from various clients. This one was a tough one. Not necessarily from the perspective of not knowing what to do, but having to hear the horror story from this client. Unfortunately, it is a […]
Trade Name v. Trademark
By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that seems to give people trouble. The Lanham Act offers some help to distinguish the terms. By definition, a “trade name” is any name used by a person to identify his or her business or vocation. […]
