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Widerman Malek Law Blog

Can I License my Invention Without a Patent?

Technically, an invention can be licensed without having patent protection, but why would anyone pay for a right that was not protected?

A Poor Man’s Patent is No Way to Patent Your Idea

A poor man’s patent is not a good way to try to protect your invention. It does not give an inventor the same type of protection as a patent application does, and will not likely be useful to monetize your invention.

The Parts Of A Patent Application

The Parts Of A Patent Application

There are many parts of a patent application, and each part is very important to the patent application. When drafting a patent application, it is important to be sure that it is complete, and that it can withstand challenges to validity based on formalities.

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.

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.

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 […]

Continued Obligation to Monitor Small Entity Status in the Patent Office

By: Mark R. Malek As you may recall, my last couple of articles have been about the different statuses that an inventor can claim when paying fees to the United States Patent and Trademark Office (USPTO).  The first of these series of articles was an introduction to the micro-entity status, which allows inventors that qualify as […]

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 […]

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 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 in […]

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