21 Nov 2016
In my many initial client consultation meetings, this is the first question: Should we do a search first? The short answer is yes, but not always. A patent search usually means searching the USPTO database to see if the invention has already been disclosed by another patent or patent application. If it has, there is...
13 Dec 2013
Currently in patent infringement cases (including declaratory judgment cases), 35 U.S.C. section 285 reads, “the court in exceptional cases may award reasonable attorney fees to the prevailing party” (emphasis added). As of December 5, 2013, House Representative Bob Goodlatte’s “Innovation Act,” among other changes, seeks to amend this fee shifting statute to have the non-prevailing...
5 Nov 2013
When most people talk of patents and protecting their inventions they are implicitly talking about “utility patents,” which protect the way an invention works. However, there is an entirely different class of patent, the “design patent,” that United States patent law recognizes and that those seeking a patent should also consider. The Differences… First, the...
25 Oct 2013
The value of this program for the small inventor with an eye on the budget is tremendous. The program is best explained by an example. First, I will explain the patent application filing costs at the United States Patent and Trademark Office (USPTO) without this program.* Take small inventor Mark, who qualifies as a “micro-entity.” ...
2 Jul 2013
The America Invents Act (AIA) has made filing a patent for many people much less expensive. Before the AIA went into effect on 16 September 2011, there were only two ways to file a patent: either as a normal entity or a small entity. In a nutshell, if you qualified for the small entity status...