Stolen Invention!

  Introduction: Derivation Proceeding:  You conceive of a new invention.  You disclose it to a trusted party.  Perhaps the trusted party helped you on the invention.  You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor.  A stolen invention.  What do you do?  …

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Post Patent Grant Challenge

INTRODUCTION: After you have achieved the award of a patent, you may still be subject to challenge from competitors.  You may face a post patent grant challenge.  Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review.  The procedure gives third parties up to 9 months after the grant of…

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Who owns the invention?

Introduction: Ownership of inventions can be confusing.  The inventor may not be the owner.  If there are more than one inventor, it is possible that each separately owns an undivided interest in the whole with independent rights to exploit the invention.  This is problematic. Often the invention is made by an employee of a company.  The invention is typically…

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Patenting Software – Another Wrinkle

Introduction If you have followed my past postings, you will know I am often trying to explain issues involved in patenting software or computer business methods.  Much of the controversy of the last several years has been whether the software or business method is actually patentable subject matter.  This has involved discussions of Section 101 and whether…

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