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…
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…
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…
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…
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…
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…
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…
When using a recording of a concert, there are actually several copyrights at play. Copyright law is interesting, so bare with me. First, there is the copyright that belongs to the composer of the music. This copyright covers the “musical composition” – think of it as the ‘musical notes on a piece of paper.” No…
Can you be your own lawyer? Yes. Maybe. No. Sort of. In truth, it really depends on the situation. For the easy stuff? Sure. For the more difficult things? Probably not. The big problem is how do you know what is DIY-friendly and what isn’t? A good comparison that I like to use is this:…
In the US, provisional patent applications are kept as confidential documents, away from public availability. There is no publically accessible database in which you can search or verify provisional patent filings. This is to protect and preserve your rights while your product is still in the beta/development phase. It also allows you to let the…
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