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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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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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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Secret Sale is Prior Art

Introduction The US patent code states that a person is entitled to a patent if the invention is novel, non-obvious and has utility. An invention product sale, including a sale made under a confidentiality agreement, can lose patent rights. See article Patent Elements. 35 U.S.C. Section 102(a) “Novelty; Prior Art.” states:              “A person shall be…

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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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