Blog – Adam Garson Law

The reports of the death of patent reform have been greatly exaggerated. A bill labeled ‘patent reform’ has been proposed for each of the last several years, but has never been able to garner the votes necessary to pass both the House and Senate. The reason is that the various patent constituencies have very different […]

The PTO needs more examiners and better information technology infrastructure to bring down pendency of applications and improve the quality of issued patents, but does not have the money to pay for them.  For years, Congress has taken the fees paid by applicants for patents and trademarks and used those funds for other purposes, leaving […]

Under U.S. law, a patent owner can sue an infringer in U.S. Federal court if the infringer “without authority makes, uses, offers to sell or sells any patented invention in the United States. .” But what if the invention is sold by a business located outside the U.S. and shipped to a customer located in […]

We have all purchased a product or device stamped with a patent marking such as “U.S. Patent No. _____”.  Indeed, the patent statute at 35 U.S.C. § 287 requires patented articles to be properly marked. Patent markings have three main purposes: (1) to avoid innocent infringement, (2) to encourage a patentee to give notice to […]