Introduction This is an update of my previously published post from January. The key element is to avoid public disclosure of your invention. This article attempts to clarify what NOT to do before you file a provisional or non-provisional application for patent. Remember, once the innovative horse has galloped out (or been lured out) of…
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TRADEMARK OPPOSITION
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…
PROVISIONAL PATENT APPLICATIONS
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…
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…
DIY Provisional Applications
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 a…
PATENT APPLICATION FLOW CHART
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…
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…
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….
WHAT NOT TO DO BEFORE YOU FILE
Introduction In many circumstances, once the innovative horse has galloped out (or been lured out) of the barn, it is impossible to lead it back. Note also, that even your own offer to let the horse out of the barn or offer to sell the horse, sight unseen, to a potential buyer, can jeopardize patent…
PATENTABLE INVENTION
Introduction As mentioned in Patent Application Elements, a development must be novel, useful and non-obvious to persons skilled or knowledgeable in the applicable technology or art. The following descriptor the elements of a patentable invention. Novelty To comply with the requirement that the development be novel, the invention must not have been known or used…