WHAT IS A PATENT?

Introduction What is a patent?  Simply stated, a patent is the exclusive right to prevent others from making, using or selling the invention or things made using the invention. Surprising?  See the following discussion. Discussion Technically, a patent does NOT give you the right to make use or sell the products of your invention since…

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Patents, Trademarks & Copyrights

Introduction The following is a brief summary of each tool for protecting intellectual property (IP). The tools discussed are Patents, Trademarks & Copyrights. Patents Patents protect an idea (invention) that is embodied in a device or method.  This is different from Copyright and Trademarks. The vast majority of patents are “utility patents”. There are also plant patents…

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Prior Use Defense: Trade Secrets v. Patenting II

Indroduction This blog is a clarification of my prior article entitled Trade Secrets v. Patenting.  In my prior article, I stated that a party using a technique or method in manufacturing as a trade secret would lose the right to continue practicing the trade secret if the secret technique or method became subject of a patent by…

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Review of CBM Procedure

Introduction I very recently wrote an article regarding the use of the Covered Business Method review procedure created under the AIA of 2012.  The Covered Business Method review procedure is a powerful tool that can be used to challenge an issued patent that pertains to a business method.  See Junk Patents and Covered Business Methods.  The…

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CHALLENGING JUNK PATENTS II

Introduction Continuing with the topic of the USPTO issuing patents for items that are not truly patentable “developments”, the America Invents Act (AIA) introduced a significant change allowing third party submission of information to an examiner challenging the potential issuance of Junk Patents .  See my article Challenging Junk Patents Discussion You may become aware…

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CHALLENGING JUNK PATENTS

Introduction: The USPTO is often criticized for allowing worthless or junk “developments” to be patented.  As a business, you may be threatened with a competitor asserting a newly issued patent.  The new patent may apply to your long standing device or business method.  You may think that either you must submit to the demand for licensing the right…

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Current Inter Partes Review

Introduction First, the AIA revised the prior Inter Partes Review practice discussed in an earlier blog. This blog pertains only to the new practice (post AIA).  You may also want to review my blog “Challenges to your Patent” Discussion Inter Partes Review can only be initiated after 9 months for the patent grant.  This is consistent with the 9 month…

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Notice to Competitor of Application

Introduction: Unless you expressly opt out, your non-provisional application will be published 18 months after the application filing date. Note if your non-provisional application claims priority to a prior provisional application, the 18 months are calculated from the filing date of the provisional application.  Thus, your application can be published as soon as 6 months after filing….

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