Here’s 4 Things to know about your Patent Rights on Crowdfunding Platforms such as Kickstarter. #4 is what most people DON’T know, #3 is the most important to know. 1. First Come, First Serve: The US patent system will only reward a Patent on an idea or invention to the first inventor who files a…
Two significant amendments to the Patent Law are slated to come into effect on January 1, 2024. These amendments are currently pending legislative review and public opinion gathering. This article offers an analysis of these changes and their implications.
A Provisional Patent legally establishes the date from which an inventor is entitled patent protection to his or her idea (known as the ‘priority date’) and allows the inventor to describe the idea as “Patent Pending.” Filing a provisional application for patent (commonly known as a Provisional Patent) is the first step in securing patent rights…
A joint-inventor (that is, one inventor of a group of inventors of a patent) who does not assign his patent rights remains in full possession of those rights. A person or entity that does not receive rights to the patent from every inventor is considered as a partial assignee. The partial assignee must share his/her…
Owning a patent is much like owning property. Just as you can sell or lease your property, you could do the same with your patent with assignment or license, respectively. Patent assignment is an inventor’s granting of all of his patent rights (or future patent rights) to another person or entity. In contrast, a license…
Each inventor has the full spectrum of patent rights to his/her claimed invention. This means that each inventor can separately assign and license the patent without the other’s permission. However, each inventor must account for and share all the profits he has earned from the license of a patent with the other inventors. When multiple…
Code section 35 U.S.C. 112, known as the Enablement Requirement, reads: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with…
Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the…
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 patent is a document that discloses an invention to the public. In exchange for disclosing the invention to the public, the U.S. government grants the inventor rights to exclude others from making, using, or selling the invention claimed in the patent for a period of 20 years. There are a few types of Patents:…
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