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 […]
Widerman Malek Law Blog
Patent Office Fees – The Micro Entity
By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013. The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later). One thing that […]
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 […]
A Brief Overview On Patents
By: Mark R. Malek In my previous article, I indicated that a patent is important to protect the rights of innovators and to encourage them to continue to innovate. This is done by providing a patent holder with an exclusive right to exclude others from making, using, selling, or offering to sell the invention that is […]
So What Is The Big Deal With Patents?
By: Mark R. Malek Patent rights are derived from the U.S. Constitution. Many people mistakenly call patents rights a monopoly, but that is not exactly accurate. I will be posting a follow up article on this one that explains precisely why patents are not monopolies, and why it drives me completely nuts when people call them […]
Thanksgiving Day Patents
By: Mark R. Malek I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend. For the sake of showing that the Patent world is very in touch with the holiday season, we would like to share with you some Thanksgiving related patents that we came […]
There Is No Such Thing As A Complete Patent Search
By: Mark R. Malek My previous articles (see them here, here and here) have provided information on the requirements of disclosing prior art and about how to do some prior art searching. Many times, I am asked by a client to provide them a “complete” patent search that locates every piece of related prior art […]
Where to Search for Prior Art
By: Mark R. Malek The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process. The next article tried to give some information about what constituted prior art. Now that we know what prior art is, let’s go over some good […]
What is Prior Art?
By: Mark R. Malek In my last article, I noted that an inventor has a duty to disclose prior art that they know of when filing a patent application. But what is prior art? The answer to this question is extraordinarily important in determining not only patentability of an invention, but also in determining whether or […]
The Duty of Disclosure When Filing A Patent Application
By: Mark R. Malek Generally speaking, the patent application process is not an adversarial one. In other words, it is not like Business Litigation where there is a plaintiff and a defendant with opposing views that are generally not aligned. Instead, the patent application process is one in which the patent applicant (inventor) works hand […]
