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.”
It may be possible to license your patent-pending invention. However, only having a provisional patent application pending may not be sufficient for licensing.
How to Handle Copyright Trolls The ease of sharing pictures online has made it both lucrative for legitimate artists to monetize their works and simpler for opportunists (“copyright trolls”) to victimize unprepared websites with extortion schemes disguised as legitimate copyright enforcement practices. To escape being targeted by the latter, websites that host user-generated content can…
On May 2, 2019, the USPTO issued new guidance addressed to its trademark examiners on how to handle trademark applications for cannabis-related products. The guidance reiterates that a product ‘must first be in lawful use’ to receive a federal trademark. As it relates to cannabis or cannabis-related trademarks filed on or after December 20,…
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…
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…
I’ve added additional details to my invention/idea but I’ve already filed for patent. Can I modify my patent application after I’ve already filed it? A very common question indeed. The break down is quite easy to understand when following this logic: ADDING NEW SUBJECT MATTER Any Patent-Pending Application, whether it is Provisional or Non-Provisional, cannot…
A question I get asked rather often – what does International Patent Protection mean? Then, after I recommend the filing of an international patent application (known as a PCT application, but will get to that later), my clients frequently ask: “wait, I have to file for an international patent application and it’s not even a…
In general, the person who creates an invention owns it, and the mere fact that someone is employed at the time they create an invention doesn’t have an impact. With that said, if the employer hired the employee to design a specific invention or solve a specific problem, the employee has a duty to assign…
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