Another Invention Does Something Similar to Mine – What Should I Do?

Patent Laws: What to Do if Another Invention is Similar to Yours There are other inventions that do the same thing or provide the same result as my invention, but my invention does it differently. Is my invention still patentable? Rarely do patents protect a RESULT and the RESULT is seldom patentable for most field…

Public Disclosure – What Happens If Someone Files for a Patent Before You Do?

If an inventor disclosed his/her invention to his partners/university/employer, probably had some form of public disclosure, but did not have a provisional patent – what happens if a person with a similar invention had a provisional patent filed which could come after the first inventor’s disclosure? Which inventor gets the patent? The inventor entitled to…

How Is Licensed IP from a University Affected During an Acquisition

If a startup company uses an exclusive licensed IP from a university, what usually happens if the company wants to get acquired by a larger company? Do large companies usually avoid acquiring a company with a licensed patent? The question can be answered whether or not you have an exclusive license to the IP from a University,…

The 2 Most Common Rejections of a Patent Application

The 2 Most Common Rejections of a Patent Application Several months after your patent application has passed preliminary examination, the process of substantive examination will begin. During substantive patent examination, a patent examiner is assigned to review your application. The patent examiner will, among many other actions, assess your patent claims and perform a patent…

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Combination Pillow and Crash Helmet – Interesting Patents

After stuffing your face with every type of dip imaginable and screaming at the TV for 4 hours, the Monday after the Super Bowl can be a rather grueling day at work. Although originally #patented for airplane use in 1968, the ‘Pillow Crash Helmet’ is a super convenient way to grab some quick Z’s right…

Importing a Product to the US Market without Infringing Patent Rights

Foreign companies often ask me what their first step to bringing a product to the US market should entail on the legal end. My answer is simple: make sure that your product would not infringe the intellectual property rights of others. When it comes to marketing and branding, a trademark search may suffice. When it…

Patent Expiration – Should You Reapply on Your Provisional?

Patent Expiration – Should You Reapply on Your Provisional? I have not started manufacturing and my provisional patent application has expired. Should I re-apply for a provisional patent or apply for a full utility patent? Once a provisional patent application has expired, you may refile the same provisional application on condition that you have not…

If You Develop an App with Someone Else, Who Owns the Patent & Copyright Rights?

Who Really Owns An App Patent And Copyright On A Team? Jack and Jill work at ACME. Jack is the owner of ACME who partnered with Jill to help develop some software. Jack and Jill never had a formal arrangement made in writing… For various reasons, Jack and Jill are now ready to terminate their…

Do I Need to Know How to Make My Idea in Order to Patent It?

Understanding Patent Requirements and Protecting Ideas I have an idea that I think is/could be patent-able based on the requirements of patent-ability, but I do not yet know exactly how to make it. For example, I want to add a certain useful feature to a shoe, but do not know the best way to add…

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