Securing patent protection is a crucial step in gaining a competitive edge in the marketplace. But before filing, it’s essential to understand the different types of patent applications available. Each type of patent application serves a specific purpose and the type of patent application filed first is determined by the larger filing strategy. Three different types of patents can be …
Filing for patent protection may be a critical step in securing the exclusive right to obtain revenue from third-party use and commercialization of an invention. The patent application process is complex. This overview walks through the main steps involved in protecting an invention Determine Whether Patent Protection is Appropriate Patents, copyrights, trademarks, and trade secrets are different types of intellectual …
In today’s competitive marketplace, the visual appeal of a product can be just as valuable as its functionality. Whether it’s the sleek curves of a smartphone, the distinctive shape of a perfume bottle, or the unique layout of a mobile application’s interface, design elements often play a pivotal role in a product’s success. But can these design elements be protected? …
While the law allows inventors to submit a patent application without legal representation, applying for and prosecuting a patent application without the help of an experienced patent attorney or patent agent carries more risk than reward. In deciding whether to apply for patent protection without legal representation, careful consideration should be given to the complexity of the invention, the ability …
Patent prosecution and patent litigation are two distinct processes, involving different rules and objectives. What is Patent Prosecution? Patent prosecution is the process through which a patent is examined and granted. During patent prosecution, an examiner at the patent office reviews a patent application and may issue office actions detailing certain objections and rejections. These objections and rejections may be …
The phrase “patent pending” seemingly carries significant weight, but its legal significance is often misunderstood. Patent Pending Defined The phrase “patent pending” may be used in relation to an invention from the date that a patent application disclosing that invention is submitted to the patent and trademark office. Misuse of the phrase can have serious ramifications. Under 35 U.S. Code …
The journey to securing a patent is fraught with legal nuances and requirements. Two significant considerations that can impact the patentability of an invention are the “public disclosure” and “on-sale” bars. What Is the Public Disclosure Bar For Patent Applications? One of the fundamental principles governing patent eligibility is the requirement of novelty. An invention must be novel, meaning it …
A “poor man’s patent” has been thought to be a cheap and quick way of securing rights to an invention. But what is a poor man’s patent? A ‘Poor Man’s Patent’ Defined The phrase “Poor Man’s Patent” is used to describe the process of mailing a postmarked written description of an invention to oneself as evidence of the date that …
Inventors who wish to receive a patent on their invention and the patent attorneys who represent them are faced with deciding which type of patent application to file. When seeking protection for the way the invention is used and how it works (versus how it looks), an inventor may decide to start by filing a provisional application or they may …
Design patents tend to get overlooked as a means of protection for jewelry designs. This may be a result of the stigma associated with patents as being very costly and taking very long to obtain. However, design patents are substantially less expensive and take a shorter period of time to obtain than utility patents and as such can be a …
