Software has perplexed the intellectual property community for some time. It seems beyond dispute that companies invest a great deal of money in developing software and that it can have great value. Most would agree that the investment companies make in software
Read More
Patent applicants who are new to the patenting process often ask whether they need to do a patentability search prior to filing a patent application. The answer is it depends. Except in the case of applicants who are seeking to have the
Read More
Before you begin spending money on the patenting process, it is important to clarify what you hope to achieve with patents. Too many times, we have encountered clients who dove into the process without a clear understanding of what they hoped to
Read More
When is the last time you took a look at the claims of your patent applications that are still pending? Was it when you filed the applications? How long ago was that? If you are waiting for a first office action from
Read More
It is the great hope of most patent holders to sit back and collect royalty checks, hopefully with as little expense and difficulty as possible. Enforcing patents is difficult, time consuming, and expensive, so many patent holders hope to convince infringers to
Read More
“How can they get a patent on that”? This is a question I’ve heard countless times from clients after receiving a cease and desist letter threatening to sue them for patent infringement. Patent examination is ex parte, so only the applicant and
Read More
When planning your strategy and budgeting for foreign patenting, it is important to at least be aware of some critical differences between U.S. patent law and foreign patent law. One such critical difference concerns the “original disclosure” requirement in foreign countries. This
Read More
Cosmetic products often involve “formulation chemistry,” which is the chemistry of combining various compounds with different functions to achieve an overall desired effect. This contrasts with “new molecule” chemistry in which patent protection is sought for new chemical species, such as in
Read More
Patent litigation is unlike any other civil litigation. Most civil litigation involves a cause of action, such as negligence or fraud, with a series of elements that must be met in order to win. Patent litigation can be thought of in these
Read More
We have observed many instances in which clients and patent attorneys communicate with one another like “two ships passing in the night” because they operate from different paradigms when speaking about patent issues. Such miscommunications may often go unnoticed and uncorrected. Of
Read More