Tag: patent

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 […]

Unlike patents or copyrights, trademarks do not have fixed expiration dates. Instead, trademarks could last indefinitely as long as they continue to be used in commerce. If the mark is also registered with a government agency, it can be renewed again and again if certain maintenance documents and fees are filed. In the United States, […]

In short, yes, and there are many different ways in which cannabis and cannabis-related inventions may be protected. The U.S. government has authority to grant patents under the Patent and Copyright clause of the U.S. Constitution (U.S. Const. Art. 1, § 8, cl. 8).  By comparison, the U.S. government has authority to grant trademark registrations […]

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 photo of Prince on the left above was taken by Lynn Goldsmith in 1981. Andy Warhol used this photo to create an unauthorized series of silkscreens – the “Prince Series” – which appears to the right of Goldsmith’s photo. Goldsmith is a well-known rock-and-roll celebrity photographer. When Warhol passed away in 1987, the Prince […]

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. […]

Jake Lombardo is a co-founder of Anodyne Nanotech, Inc., a preclinical-stage biotech company developing differentiated, transdermal forms of high-value drugs. Anodyne Nanotech and its HeroPatch technology are going to become wonderful success stories that will change the lives of so many around the world.

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.

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.

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.