With many businesses closed or having scaled back operations, now is a good time to revisit your intellectual property strategy. One good starting point is to look at how you distinguish yourself from your competitors. Here are some key questions to ask:
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During times of crisis, innovation tends to rise because unique problems call for unique solutions. In addition, if you are currently not working, you have some additional time to engage in creative problem solving. If you think you have come up with
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Many, if not most, patent infringement lawsuits involve a patent owner asserting that its claims cover accused products that differ from the specifically described embodiments in the patent at issue. Patent owners typically want their claims construed broadly by the court so that
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Clients often ask about the differences between design and utility patents. The phrase “design patent” confuses some people because in everyday usage, the term “design” frequently connotes the structure, function, and properties of a product. Not so with design patents. Design patents
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One question that comes up from time to time is whether you can get apatent on a new method of treatment (sometimes called a new “indication”) using an existing chemical composition. The answer is “possibly.” If a chemical composition is known, you
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Lately we have been working some inventors who are newer to the patent process, and they are often concerned about providing details about the embodiments of their inventions. Their concern is that when we ask for this information, it means we are
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In recent years, it has become increasingly difficult to patent computer-related inventions such as those concerning smart phone and web applications or even more specialized computer programs used in industry. The US Patent and Trademark Office (USPTO) has been applying the US
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Patentable inventions do not arise in a vacuum. They usually arise in the context of a sales team trying to land an account, often with time constraints and the added pressure of trying to outflank a competitor. The customer is telling the
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It is very common for companies to work with their customers or suppliers in developing products. For example, if you are a supplier, you may work with a customer to provide a component that fits and meets the needs of that customer’s
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When we first meet with a client who is interested in getting a patent, we ask whether they have conducted a patentability search and whether they wish to do so before incurring the expense of preparing a patent application. Many are reluctant
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