When considering patent protection overseas, it is important to work with a patent attorney who understands the potential obstacles of foreign jurisdictions. What may be a non-issue in your jurisdiction may present challenges elsewhere, such as the challenge described in the “means-plus-function” case study below.
China’s Supreme People’s Court formally amended and published five judicial interpretations related to intellectual property rights.
Article 1185 introduces punitive damages “for those who willfully infringe other’s intellectual property, and when the circumstance is serious, the infringed has the right to claim for punitive damages.”
When it comes to navigating the highly competitive realm of advanced technology, it is essential to understand how to protect your intellectual property in the US and internationally. With the increased outsourcing of software development to Eastern Europe and Asia, consider securing your intellectual property rights with patents in software-friendly jurisdictions. This article explores India as an excellent consideration.
It may be possible to license your patent-pending invention. However, only having a provisional patent application pending may not be sufficient for licensing.
Breaking: Texas Judge Blocks Proposed 2016 DOL Overtime Law On November 23, 2016, a federal Judge in Texas issued an order temporarily barring the Department of Labor (“DOL”) from enforcing its much-publicized new overtime rule, just over one week before the rule’s December 1 effective date. As explained HERE, the new rule would have represented…
Here’s 7 Things to know about Patent Rights – #4 is what most people DON’T know, #1 is the most important to know, and #7 reflects a recent change to our patent laws. 1. First Come, First Served: The US patent system will only award a Patent on an idea or invention to the first inventor…
Independent Contractor or Employee? How to Legally Classify Workers Virtually every young company struggles to properly classify workers as independent contractors or employees. Initially, when everyone involved in a startup is working on a part-time basis and pursuing other interests, it is easier to justify an independent contractor designation for most workers. But as the…
When to File Multiple Patents or One Big Patent For New Companies A client recently asked: I have a few inventions and I’m wondering if I can save money by combining them into a single provisional patent application? Your Patent Portfolio should always be developed with your business goals in mind. I passed the question…
A provisional patent application is a 12-month place-holder for a utility patent. The USPTO allows you to label your invention as Patent-Pending during this 12 month period. If a utility patent is not filed within the 12-month period, your spot in line is lost! Once the utility patent is filed, your utility patent filing claims…
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