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Widerman Malek Law Blog

MPEP Rules are NOT Up-to-Date! BEWARE!

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, […]

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

By: Widerman Malek Team 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 […]

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