Virtual Patent Markting What is Patent Marking? Under 35 U.S.C. § 287, a patent owner can only collect monetary reward for the infringement of his patent rights if the patent owner provides adequate notice to the infringer of those patent rights. Failure to comply with the patent marking and notice requirements of US Patent law…
What if you come up with ‘new subject matter’ for your invention after you’ve already filed a non-provisional? No problem – the USPTO accounts for this and allows what is known as “continuation-in-part” (CIP) applications. CIP applications allow you to expand the scope of your patent application while it’s still pending, without losing the patent…
Patent News: Apples Latest Patent Docking Station for IPad & IPhone Our mission at SmartUp is to enable startups and entrepreneurs to grow and develop their patent portfolios. That’s why we want to keep our members up-to-date on the most recent patent-filings by tech giants such as Apple, Microsoft and Google – who better to…
E-books are about to be fully loaded with Amazon’s new Patent #8478662 entitled “Customized electronic books with supplemental content”, originally covered by Wired. Their intent is to turn content from an e-book from being fixed for every reader into a system that has individualized supplemental content by using a match making system between readers and…
Apple was granted 37 patents recently according to a report from Patently Apple. Out of the series of granted patents, Patently focuses specifically on the IWallet patents. Upon examination, we discovered that most of the patents granted today focused more on communication between one mobile device and others. This includes patents on peer to peer communication…
The USPTO recently did a press release about the issuance of the 700,000th design patent. The patent for the ornamental design for a “Hand-Held Learning Apparatus” was issued to Jason Avery of Berkeley, California and is currently assigned to Emeryville, California-based LeapFrog Enterprises, Inc. (NYSE: LF). In case you did not already know a design patent…
What Can a Company Do with Patents? You assigned the Patent rights to your idea to an entity. What can the entity, as the new owner, do with them? Who in the entity makes the decisions about what happens to your patent and your idea? The answers to those two questions can vary depending on…
I have a provisional patent filed, and I am speaking at a Conference about my invention. However, at the conference, I intend to disclose new features that aren’t covered by the provisional patent. Big companies, including competitors, will be at the conference. What should I do? To the extent that you will be disclosing, at…
A USPTO provisional patent application simply secures your ‘spot in line’ or patent priority date to a later patent application filing. After you file a provisional application, you will have one-year to follow with a non-provisional (full) patent application to maintain the patent priority date secured by the non-provisional. It’s important to secure your patent priority date since the…
Should I disclose my idea without an non-disclosure agreement (NDA)? What if the third party is reluctant to sign an NDA? Should I first secure a patent filing (provisional patent application or non-provisional patent application)? You have this great idea and you need to share it with manufactures, developers, and distributors (third party) to see…
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