By: Sandra Jackson Just recently, I was asked to research a patent question. This required me to look for the answer in the patent Bible, otherwise known as the Manual of Patent Examining Procedure (MPEP). To solve the issue that I was asked to research, I prepared the necessary documents as outlined in the MPEP, […]
Widerman Malek Law Blog
Changes in Filing Strategy Since First-to-File Arrived
By: Dan Pierron The America Invents Act brought with it many changes, the largest of which, arguably, is the migration from First-to-Invent to First-to-File, with the first inventor to file an application with the USPTO having priority for that invention. While this system is still nascent in the U.S., I have already found there are […]
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 […]
