A trademark is what you use as a source identifier of the product or goods you offer to the public. When consumers see your products or goods, they instantly recognize your brand as the source of those goods. A service mark is very similar to a trade mark. Except it doesn’t apply to products or…
Our new patent laws grant the first inventor to file for a patent priority to any patent rights available to that invention. Before, our laws allowed an inventor to prove his date of conception to gain priority to the patent rights, even if the inventor was not the first to file for a patent on…
You’ve been working on a novel technology. Due to the positive impact of my technology, you get new connections and they are willing to collaborate with you all the time. Since you have not filed a patent on it yet, you are concerned of protecting your IP and scared of disclosing any of your secret…
Now, when you file a non-provisional application, you have a choice of whether or not you want the application to be made available to the public for review (i.e., published). If the application is published, but you are not granted a patent, the subject matter of your application enters the public domain. If you choose…
If you’re trying to write a patent application on your own,please take caution – it has been my experience that almost all of the inventors who attempt to prepare and file their own application end up never obtaining any patent rights and inadvertently forfeiting their invention to the public domain. Use this guide as an outline of…
Let’s say you came up with a novel design for a boombox or a watch. Although this newly designed boombox or watch may be ‘inventive’ from the utilitarian standpoint, a utility patent may not protect the physical design of your product as it would protect the corresponding function. This article considers protecting product designs that may be functional, but…
In order to transfer patent rights from an inventor (Assignor) to an entity (Assignee), the inventor must sign an assignment agreement. Upon execution, the assignment agreement become a legally binding and enforceable contract. With the assignment, each inventor transfers the patent rights embodied in the patent or patent application to the Assignee. In turn,the Assignee…
Legally, an inventor is anyone who has contributed to the conception (not the realization) of what is claimed as the invention you wish to protect. So, if an employee conceived of Feature 4, but you only wish to Patent Features 1-3 and 5, the inventor does not need to be listed in the patent application….
Choosing Between A Patentability Search Opinion and Non-Infringment Opinion I. What Is The Difference Between Patentability Search, Opinion, And A Non-Infringement Opinion? In a Patentability Opinion, a patent attorney provides his professional opinion as to whether your invention is Patentable. He will commission a search of patents and publications disclosed throughout the world and determine whether,…
Most of us like to feel that we were the first to have conceived of our great idea. Before investing the time and resources into applying for a patent, it is good to know if there are any other patents or publications disclosing something similar to your idea. Ultimately, this information will help you and…
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