In general, there is no statute of limitations on a claim for patent infringement. However, the Patent Act specifies a time limit on monetary relief for patent infringement claims – damages are available only for infringement that occurs within the six years prior to the filing of the complaint. In general, a voluntary dismissal (unless…
I usually get asked the question: If I rush to convert my provisional to a non-provisional patent filing, does that reduce the risk of someone having a third party receiving a patent on the same subject matter? Typically, there is NO rush in filing the non-provisional utility patent application once you’ve already secured a provisional…
A provisional patent application filing receipt indicates that the USPTO has granted you a patent priority date. The patent priority date is the same day as your patent filing date in the case of a provisional patent application filing. From this date forward, you have 12 months to file a non-provisional patent application claiming priority…
How To Legally Protect Your Game Board Idea Say there is a game thats been around. A lot of people are familiar with it. No one has made a board game out of it. How do I protect something that everyone knows but no one is actually selling? In protecting board games, you have the…
It is common for entrepreneurs to spend years of their lives, in addition to their blood, sweat and tears to grow a company and the name associated with it. That name can be not only dear to those who invest in it but it can also become a very valuable piece of property. It is…
As an attorney for startups and up-and-coming companies, I am often asked questions such as these: “do I need permission to use someone else’s song in my Kickstarter video?” or “what will happen if I just use it?” or “if the band or label catches me, they can just tell me to stop, right?” To answer…
If a person today creates an intellectual, creative or artistic work, the form of that work is automatically protected by Federal Copyright law (Title 17 of the U.S. Code). Copyright protection does not extend to the underlying ideas or information, but simply to the form in which they are presented. As of 1989, Copyright protection…
The term ‘Trade Dress’ refers to the overall aesthetic, visual design of your product or even your brand as a whole. This is all about a unique look that consumers associate exclusively with your brand or product and no else’s. Trade Dress can include one or more of the following: Colors or color combinations Visual…
To begin the analysis, we must first answer the following: Is the “invention” something that exists already and you are applying it to an existing product to improve the existing product’s performance? OR Is the “invention” unique and you are applying it to the existing product to improve the product’s performance? Does the “invention” have…
“If I filed for a provisional patent as the sole inventor, is it possible to add another inventor when filing for the nonprovisional patent if he makes a contribution to the invention?” You may add additional inventors to your non-provisional application. The non-provisional must have at least one inventor in common with the provisional patent…
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