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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BEHIND THE FIRST TO FILE RULES

Introduction As you are probably aware, the USPTO rules changed March 16, 2013 to make the first inventor to file eligible to obtain a patent. (Prior to this change in law, patents were awarded to the first person to invent, regardless of whether another (later inventor) first filed an application.)  Implementation of this “first to…

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Sharing Patent Ownership

Introduction Participants in a new business venture that incorporates a concept subject of a actual or intended patent application, often to seek to document their mutual participation in the venture by joining as co-inventors.  This is not a good idea. As I mentioned in my earlier blog “Who is the Inventor”, the law provides that each…

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Monetizing Your Idea

Introduction Good ideas can have great value.  However monetizing your idea by transforming into property that can be sold or licensed is problematic.  It will be appreciated that sales and licensing of patents are the common ways to document valuable ideas that can be transform into cash.  How can an idea be converted into a patent?  What is required…

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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…

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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…

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