The experimental use exception is a common law defense to patent infringement that was first articulated in Whittemore v. Cutter, 29 Fed. Cas. 1120 (C.C.D. Mass. 1813). In Whittemore, the court approved a jury instruction for determining patent infringement as requiring the alleged infringer to have intended to profit from the making or use of […]
Patents are an extremely useful and valuable tool to support business development, new product introduction, and competitive positioning in the market. However, as with any of the tools that are carried, they need to be cared for and handled properly. One of the associated tasks of managing a portfolio of patents is to ensure that […]
Commercializing a product requires significant investments of time, resources, and effort. One may attempt to recoup some of that investment by securing patents on inventive features of the product. A patent provides the patent holder with rights to exclude others from making, using, offering for sale, selling, and/or importing the patented features.
Here are two examples: (1) Clearview AI has scraped billions of publicly available images from social media platforms and compiled them into a facial recognition database that it’s made available to law-enforcement and private industry.
Patents can be used to protect your innovations. There are different types of patents that can be obtained through the U.S. Patent and Trademark Office (USPTO). In particular, utility patents are used to protect new and useful processes, machines, manufactures, compositions of matter, or any new and useful improvement thereof. Design patents can protect the shape and/or surface ornamentation of a manufactured article.
A trademark can be any word, phrase, logo, or design that connects your business with its goods or services in the minds of consumers. This can include your business name, product name, or tagline. Trademarks are some of your company’s most valuable assets as they symbolize your reputation and good will. They are how consumers recognize your products or services among those of your competitors.