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Widerman Malek Law Blog

Students are Fighting Ridiculous University IP Laws

Students are increasingly running into issues where they create innovations while as a student at a University and the University has a policy in place stating that the creations belong to them, or partially belong to them. This is a serious issue that is taking away from the creations of our youth and Caleb Carr […]

Mistakes that Inventors Make When Attempting to Obtain a Patent

When it comes to information and legal standings some people may have a harder time than others. There is an abundance of information out there regarding the legal and personal matters of inventions and what rights inventors have when creating a new or improved creation. However, many inventors tend to make very common mistakes when […]

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 […]

Obtaining Patent Rights For A Deceased Inventor

Obtaining Patent Rights For A Deceased Inventor

If an inventor passes away prior to filing a patent application, or prior to executing an oath or declaration, a substitute statement can be filed by the deceased inventor’s legal representative.

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 […]

First-To-File … So What?

March 16, 2013 has come and gone, and United States patent law has shifted from a first-to-invent system to a first-to-file system. So what does that mean to you as an inventor?  First, you need to understand what may qualify as prior art that can render your invention unpatentable.

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