Tag: ip

In 1994, Congress amended the U.S. Patent Laws to create a new type of patent filing called a provisional patent application, and with this came a good deal of confusion – even to this day.

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.

The Challenge A significant challenge faced by many early-stage companies that are interested in filing provisional patent applications, is that a provisional patent application must be filed prior to any public disclosure of the invention (to preserve foreign rights). This means no disclosure prior to any revenue on any product or service of the invention. […]

The scope of copyright law is vast – it protects traditional art forms such as books, music, photos and paintings, but also covers more exotic forms of expression, such as computer software, choreography, literary and movie characters (Batman, James Bond) and even useful objects (product and clothing designs). However, it often can be difficult to […]

In 2013, the United States converted from a “first to invent” patent system to a “first to file” patent system. Under the “first to file” system, if two inventors filed separate patent applications on the same invention, the inventor who filed first would receive the patent. This is true even if the inventor who filed later was first to conceive the invention. Although the “first-to-file” system seems to encourage a “file early, file often” approach, there are a number of factors to consider when deciding when to file a patent application in the U.S. and elsewhere.

Intellectual property is an intangible asset, or a collection of intangible assets, created through the ingenuity of people in the form of their brands, innovations, original works of authorship, and confidential information. Intellectual property may serve as the foundation of many businesses and ventures. Thus, it is very important to protect your intellectual property as your business develops and grows.

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.