Patent Protection – Not a Guarentee and Time Required

Patent Protection – Not a Guarentee and Time Required

A Patent Is Not A Guarantee That The Patented Invention Does Not Infringe Other Patents The issues of patentability and infringement are entirely separate. A patent granted by the U.S. Patent Office confers upon the owner the exclusive right to exclude others from “making, using, and selling” the patented invention. The issuance of the patent…

Patent Protection – Enforcement Of Patent Rights

Patent Protection – Enforcement Of Patent Rights

Enforcement Of Patent Rights A patent entitles the patent owner to prevent others from making, using or selling the patented invention within the United States for the term of the patent. While others may make the patented invention outside of the United States, they are not permitted to sell or use the patented invention within…

Cost to Obtain Patent Protections

Cost to Obtain Patent Protections

Cost To Obtain Patent Protection The expenses associated with obtaining patent protection fall into two general categories: patent attorney fees and government fees, both of which are discussed below. Patent Attorney Fees Patent attorney fees include the cost of (i) drafting the patent application, (ii) completing the necessary formal documents, and (iii) drafting responses to…

Patent Protection Practical Considerations – Experimental Use and Patent Pending

Patent Protection Practical Considerations – Experimental Use and Patent Pending

Experimental Use A patent will be denied if an invention was in public use or on sale more than one year prior to the date of application. However, there is an exception to this rule known as “experimental use.” The “experimental use” exception permits some public use of the product by an inventor in order…

Patent Protection Practical Considerations – One Year Grace Period and Confidentiality

Patent Protection Practical Considerations – One Year Grace Period and Confidentiality

One Year Grace Period An inventor has a grace period of one year (in the United States) in which to file a patent application. During that one year period, an inventor may place his or her invention in public use or on sale without losing his or her right to apply for U.S. patent protection….

Patent Protection Practical Considerations – Identical Inventions Developed By Two Separate Inventors

Patent Protection Practical Considerations – Identical Inventions Developed By Two Separate Inventors

Identical Inventions Developed By Two Separate Inventors An “interference” is a proceeding instituted in the Patent and Trademark Office when two or more inventors are claiming the same patentable invention. An interference may be declared between two or more pending applications, or between one or more pending applications and one or more unexpired patents. In…

Patent Protection – Options Available After Receiving A Final Rejection

Patent Protection – Options Available After Receiving A Final Rejection

Options Available After Receiving A Final Rejection Continuing Application A continuing application is basically an original patent application that is refiled. The second application is entitled to the benefit of the filing date of the first application, and must be filed as a separate application before termination of proceedings on the prior application. Thus, after…

Patent Protection – Examiner's Incentives and Experties

Patent Protection – Examiner's Incentives and Experties

The Examiner’s Incentives The Patent Office evaluates its patent Examiners primarily according to the number of applications they process. Examiners, therefore, have no incentive to spend very much time on any one application, as it is to their benefit to process applications as quickly as possible. The Examiner typically does not take the time to…

Patent Protection – Examination Of The Patent Application By The Patent Office

Patent Protection – Examination Of The Patent Application By The Patent Office

Examination Of The Patent Application By The Patent Office An application filed in the Patent and Trademark Office is assigned for examination to a group of patent Examiners having responsibility for the category of inventions to which the application relates. The Examiner is charged with making a thorough study of the application and all of…

Patent Protection – Patent Application Components

Patent Protection – Patent Application Components

Patent Application Components A patent application can only be filed with the Patent Office by the actual inventor or his or her representative. The basic elements of a patent application are as follows: A specification, including a claim or claims; Drawings, when necessary; An oath or declaration; and A filing fee. Patent Specification A specification…

Patent Protection – Requirements For Patentability

Patent Protection – Requirements For Patentability

There are several major hurdles an inventor must overcome before patent protection can be obtained. First, the applicant for patent must be able to demonstrate that he or she has developed a new, useful, and not obvious process or product. Since a patent cannot be obtained unless the invention is new, the invention must not…

Protecting Intellectual Property: Patents, Trademarks, And Copyrights

Protecting Intellectual Property: Patents, Trademarks, And Copyrights

Basic Types Of Intellectual Property Protection There are four basic types of intellectual property protection: patent trademark protection copyright protection and trade secret. Each will be discussed in order over the course of several posts. Patent Protection The United States patent system was created to help achieve various socially desirable goals. By providing an inventor…

Changes to U.S. Patent Law Creates Challenges for Entrepreneurs

On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act. While not quite a total patent reform, the America Invents Act (“AIA”) includes some of the most serious changes to federal patent law as we have ever seen. Read the Announcement from USPTO Director David Kappos by clicking here. The AIA…

Minnesota Cease & Desist Letter

Minnesota Cease & Desist Letter

Cease and desist letters may be useful in a number of circumstances including Defamation, Slander, or Libel Trademark Infringement Copyright Infringement Patent Infringement Breach of Contract Harassment Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act) Legal Effect of a Cease & Desist Letter From a legal perspective, a cease and…

Minnesota Cease & Desist Letter

Minnesota Cease & Desist Letter

Cease and desist letters may be useful in a number of circumstances including Defamation, Slander, or Libel Trademark Infringement Copyright Infringement Patent Infringement Breach of Contract Harassment Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act) Legal Effect of a Cease & Desist Letter From a legal perspective, a cease and…

Minneapolis Intellectual Property Attorneys: How to Prove a Trademark Violation

Minneapolis Intellectual Property Attorneys: How to Prove a Trademark Violation

In order to prove a violation of law, a person must prove certain things. Each law has elements. Each element must be satisfied in order to prove a violation of the law. In order to prove a trademark violation or trademark infringement, a person must prove each element provided by law. Words used in those…

Aspects of Copyright Infringement

Aspects of Copyright Infringement

Minnesota copyright laws protect a creator from having his or her original creative works copied. Copyrights protect the expression of ideas, not the ideas themselves. Creators would not want to show their creative expressions to others if they could always be stolen and sold under another person’s name for a profit. The advancement of society…

Defending Against an Allegation of Copyright Infringement

Defending Against an Allegation of Copyright Infringement

Original creative works may be copyrighted in Minnesota. Copyrights in Minnesota do not have to be registered in order to be valid. Even if a copyright is unregistered, use or reproduction by another of the copyrighted material without permission of the copyright owner generally constitutes copyright infringement. The plaintiff in a copyright infringement lawsuit is…

My Trademark was Violated. What Can I do? Infringement Remedies

My Trademark was Violated. What Can I do? Infringement Remedies

Copyright violations lead to lawsuits. There will be a winner and a loser in every lawsuit. The plaintiff in a copyright infringement lawsuit is a person alleging that he or she had a copyright in a creative work and someone else reproduced that creative work without permission. The defendant in a copyright infringement lawsuit is…

Can I Copyright My Work? What Can Be Copyrighted?

Can I Copyright My Work? What Can Be Copyrighted?

Copyrights give protection to those that express ideas in an original way. There are other ways to acquire a right to an original expression of ideas, such as purchasing a copyright, licensing the copyright, or otherwise transferring the copyright (for example, by assignment). Why Copyright Protection is Important This protection is important not only to…

Acquiring a Trademark and Violating a Trademark

Acquiring a Trademark and Violating a Trademark

Trademarks are important in the business world because often a business is selling it’s good name with each product or service. Businesses spend time and money developing a good reputation with the public, or with their specific markets, in order to obtain more business. Importance of Trademarks A business with a good reputation will want…

Does a Copyright Have to be Registered to be Valid?

Does a Copyright Have to be Registered to be Valid?

A person who expresses an original idea has a copyright in the original idea. This gives the person the exclusive right to reproduce, sell, act out, or otherwise copy the expression. Allowing copyrighting encourages people to create and express new and original ideas without concern that someone else will steal away both the credit for…

Is it Necessary to Register a Copyright?

Is it Necessary to Register a Copyright?

Copyrights perform an important function in our society. Copyrights encourage creators to share their creations. Copyrights do not apply to ideas alone, they apply to the original expression of ideas. A person who creates an original work has a copyright in that work. A copyright gives the owner the exclusive right to the reproduction of…

What is Protected by a Copyright?

What is Protected by a Copyright?

A Copyright prevents others from using certain creative works. Copyrights are established to protect creative works from being copied. The Protection of a Copyright A copyright gives the owner of the copyright the exclusive rights to whatever is copyrighted. This means that the owner is the only person permitted to make copies, give out, sell,…

Allegations of Copyright Infringement and Defenses

Allegations of Copyright Infringement and Defenses

Copyright Symbols by Mike Seyfang When someone copies a copyrighted work, the holder of the copyright accuses the copier of copyright infringement. Sometimes the holder of the copyright will make a demand that the other stop copying the material. Sometimes this demand to cease copying will include a demand for the payment of damages. “Damages”…