By: Dan Pierron Although frequently an option of last resort, filing a patent infringement lawsuit is the most direct and aggressive manner of enforcing a patent. By filing a lawsuit in federal court, you can command a response from an otherwise unresponsive party, stand up to an unreasonable and uncooperative party, or demonstrate a position […]
Widerman Malek Law Blog
How Do I Enforce My Patent? Part 2: Cease-and-Desist Letters
By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter. The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe […]
What is an Open Patent?
In 1959, Volvo came out with the three-point seat belt, a seat belt designed by Swedish Engineer Nils Bohlin. Bohlin wanted to design a seat belt that could prevent whiplash and deaths. His design is considered an industrial design which was patented as such in 1962. Seven years later Volvo decided to offer Bohlin’s seat […]
How Do I Enforce My Patent? Part 1: Overview
By: Dan Pierron Congratulations! Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget. Right? Maybe not. Deciding how to utilize a single patent or an entire portfolio […]
Different Types of Patent Applications
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
First-to-File and Continuation Applications
By: Dan Pierron As has been well publicized, starting March 16, the U.S. patent system will join the rest of the world by transitioning from a First-to-Invent system to a First-to-File system, where regardless of when they invented it, the first applicant to file an application with the USPTO has priority. Many are predicting a torrent of […]
3D Printers and Patent Infringement
By: Dan Pierron As a follower of several tech websites, it’s my general impression that the cost of 3D printers and their associated printing media are quickly dropping in price, to the point that it is within the budget of some hobbyists and semi-professional hardware manufacturers to purchase and operate the machines. While this is certainly […]
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 […]
Claim Drafting – Go Narrow or Broad?
By: Dan Pierron Claim drafting ain’t easy. On top of having to concisely describe a quite-often complicated invention, there are all the strategic implications on word choice, independent-dependent relationships, and too many others to recite here. However, one overarching strategic decision to be made when drafting claims prior to filing an application is this; should one […]
