Abstract Idea, Claims, disclosure of invention, enablement, First to File, First to Invent, Foreign patent protection, International Patent Protection, Inventor, novelty, obviousness, Patent Application, Patent Cooperation Treaty, patent search, Patent, Patent Application, Invention, prior sale, Protecting IP, provisional application, publication, specification, Utility Patent

Is It Patentable? III

Posted by dmcewing on June 17, 2021 | Leave a comment

Introduction: Is it patentable? An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103). I have discussed what is and is not patentable subject matter. See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas. I have…

Common law trademark, Design Patent, infringement, Patent infringement, patent term, Patent, Patent Application, Invention, Protecting IP, provisional application, publication, Registered trademark, trademark

Patent or Trademark?

Posted by dmcewing on September 23, 2020 | Leave a comment

Introduction: I continue to receive questions prefaced with a statement “I have an idea and I don’t know if I should patent it or trademark it?” Patent or Trademark. The question is often stated in various ways but I think you get the idea. There are fundamental differences between requirements and rights of patenting…

Confidential Data, disclosure of invention, enablement, First to File, Foreign patent protection, Funding, Government funding, Patent Application, Patent Cooperation Treaty, PCT, prior sale, Protecting IP, provisional application, Provisional application filing fees, publication, SBIR/STTR, use in commerce

What NOT to do before you file

Posted by dmcewing on October 14, 2019 | Leave a comment

Introduction This is an update of my previously published WARNING. If you have made and innovation, you don’t want to lose the right to protect your innovation and to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. As you probably know, the…

infringement, publication, trademark, trademark cancellation, trademark opposition

TRADEMARK OPPOSITION

Posted by dmcewing on March 17, 2019 | Leave a comment

Introduction Trademark opposition is one step in the process in registering a trademark on the Principal Trademark register of the USPTO. This step requires passing through the phase termed “publication for opposition”. Discussion Recall the first step in the registration process is filing of the trademark application. The application is either based upon actual use…

Application Data Sheet, drawing, First to File, micro-entities, Oath of inventor, patent, Patent Application, Patent claims, Patent Fees, provisional application, Provisional application filing fees, publication

PROVISIONAL PATENT APPLICATIONS

Posted by dmcewing on March 5, 2019 | Leave a comment

Introduction Provisional patent applications can be of great benefit in protecting innovation. They must be used, however, with a full understanding of the limited protection provided. Discussion A provisional application is a patent application. It is a type of a utility patent application. It may be thought of as a temporary application good for only…

copyright, drawing, infringement, patent, Patent Application, Patent infringement, patent term, Protecting IP, provisional application, publication, publication of application, software, specification, Third party sumissions, trade secrets, trademark, trademark renewal, use in commerce

Patents, Trademarks & Copyrights

Posted by dmcewing on March 3, 2019 | Leave a comment

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…

Application Data Sheet, drawing, Inventor, micro-entities, Patent Application, Protecting IP, provisional application, Provisional application filing fees, publication, specification

DIY Provisional Applications

Posted by dmcewing on March 1, 2019 | Leave a comment

Introduction I talk to many start-up entrepreneurs regarding protecting their IP. Typically they do not have a lot of time or money to seek patent protection. However Congress created the provisional application for patent procedure for the benefit of just that group of entrepreneurs. Although I do not recommend filing your own provisional application without assistance of…

drawing, First office action, Graham Factors, Inventor, novelty, Oath of inventor, obviousness, patent, Patent Application, Patent claims, patent search, provisional application, Provisional application filing fees, publication, publication of application, Secondary considerations, specification

PATENT APPLICATION FLOW CHART

Posted by dmcewing on March 1, 2019 | Leave a comment

Introduction The following is a simplified description on one possible chain of events that occur in the patenting process. This is a hypothetical patent application flow chart. See my article on “Behind the First to File Rules“. Also review my article regarding “Patent Application Elements“. Pre-Filing Outline Document invention in writing, signed and dated…

infringement, patent, Patent Application, Patent infringement, prior sale, Prior Use Defense, Protecting IP, publication, trade secrets, use in commerce

Prior Use Defense: Trade Secrets v. Patenting II

Posted by dmcewing on February 22, 2019 | Leave a comment

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…

assessment of royalty, infringement, notice, patent, Patent Application, Patent claims, Patent infringement, publication, publication of application

Notice to Competitor of Application

Posted by dmcewing on January 21, 2019 | Leave a comment

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….

Law Office of David McEwing, P.C.

Houston Patent Law

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