Patent

30Nov 2012

Beware the Ides of March (well, almost the Ides)

November 30, 2012 Patent
Courtroom

We’ve said it before, but it bears repeating.  Remember that on or after March 17, 2013, you MUST protect your invention before offering the invention for sale or using the invention in public.  Otherwise, you lose your U.S. patent rights instantly and forever.  This is a major change in the law and requires an entirely […]

31Oct 2012

Who Pays For Patent Litigation?

October 31, 2012 Patent
deposit boxes

Your company is threatened with a lawsuit for patent infringement.  You are confident that your product does not infringe.  Should you fight or should you surrender? These are very real questions that businesses face every day.  According to a 2009 survey by the American Intellectual Property Law Association, the average cost for infringement litigation through […]

28Sep 2012

Ask Dr. Copyright…

September 28, 2012 Ask Dr. Copyright, Copyright, Patent, Trademark
Designs for patents

Dear Doc: I have heard that there is something called “trade dress” that can be legally protected, and that it’s different from trade mark and also from design patent and copyright?  What gives? Signed, Sam Sung Dear Sam: Trade dress is pretty broadly defined as the visual impression created by the sum of all elements […]

30Aug 2012

Google Patent Search has New Features and New Powers

August 30, 2012 Patent
combo lock

Do you want to find out whether your better mousetrap is patentable?  For inventors and patent attorneys, Google Patent Search is a cheap (as in free) and easy way to perform a light-weight screening search.  Since 2006, Google Patent Search has allowed use of familiar word searching skills to search a database of U.S. patents […]

29Jun 2012

An Obvious Solution to a Non-Obvious Problem

June 29, 2012 Patent
TM is for Trademarks

Inventors and patent attorneys know that creating any invention has two parts: (a) identifying a problem; and (b), solving that problem.  To protect the invention by patent, the invention must be ‘non-obvious.’  That is, if two or more prior art patents or other references when taken together teach all of the elements of a patent […]

29Feb 2012

‘Justice Delayed is Justice Denied’*

February 29, 2012 Patent
Trademarks

Unless the courts quickly resolve disputes, there is no justice.  As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]

31Jan 2012

Stopping a Patent

January 31, 2012 Patent
deposit boxes

Consider the following situation:  you learn that your competitor has a pending U.S. patent application for a product that you make.  Any resulting patent could be disastrous for your company.  What can you do to stop or limit your competitor’s application? The PTO has proposed a new rule that would allow you to notify your […]

31Jan 2012

Walmart Sponsors New Product Competition

January 31, 2012 Patent
combo lock

Walmart currently is sponsoring a ‘get on the  shelf‘ competition to identify new products for sale through Walmart.com and its brick-and-mortar stores.  The contest rules require that applicants submit an entry form and a link to a YouTube video of the product.  After the entries are vetted by Walmart, links to the YouTube videos will be placed on the ‘get on […]

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