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Widerman Malek Law Blog

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 […]

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 […]

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