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Widerman Malek Law Blog

The Flap over Flappy Bird

First it was Angry Birds.  Then it was Candy Crush.  Just recently, Flappy Birds became “THE” game to download and play.  Grown adults were taking to twitter to complain about how addicting the game is and how they’d rather play the game than make dinner for their children.  Children were failing homework because they’d rather […]

Patents, Trademarks, and Copyrights – What’s the Difference?

Many people tend to confuse the types of intellectual property protections that are available to them. In short, a patent protects the function of an invention, a trademark protections a name and/or logo that may be used to identify the source of goods and/or services, and a copyright is meant to protect original works of authorship.

Obtaining Additional Claim Scope In A Related Patent Application

By: Mark Malek In my last post I discussed the different parts of a patent application.  You may recall that one of the parts, the most important part, was the claims.  The claims outline the scope of protection that is being sought in the patent application.  After the patent application successfully passes through examination process, […]

Inventorship and Fraud

Inventor and Fraud

If an inventor is under an obligation to assign the rights to an invention to a company, it would be fraud to try to file the application in the name of another. Engaging in such fraud can open up (and tip over) a can of worms for the inventor that may not be easily cleaned up.

Uncooperative Inventors

Uncooperative Inventors

What happens when an inventor refuses to sign filing documents of a patent application? Remaining inventors may file the patent application without the uncooperative inventor.

How to Correct Inventorship

How To Correct Inventorship On A Patent Application

In cases where either the wrong inventors were listed on a patent application, or if the proper inventors were omitted from the patent application, the Patent Office provides a process for correcting inventorship.

The Effect Of Listing An Improper Inventor On A Patent Application

The Effect Of Listing An Improper Inventor On A Patent Application

An inventor is someone that has had some sort of input into a claim that is listed in a patent application. If an improper inventor is listed on a patent application, then the patent that may eventually issue may be invalidated. This is also the case when not all of the inventors are listed on the patent application.

Who Is An Inventor In A Patent Application?

It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.

Getting A Refund From The Patent Office If You Are Now A Small Entity

By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office.  The first article introduced the new micro-entity status.  The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]

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 […]

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