The Business of Patents

Defending the Patent Case – Make Sure to Serve This Interrogatory

Patent cases are very discovery intensive, and many courts now have "patent local rules" that provide regulated process by which plaintiffs disclose their infringement contentions (i.e., explanations of why the defendant's acts infringe the plaintiff's patent) and by which defendants disclose their invalidity contentions (i.e., explanations of why the plaintiff's...

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Can I Patent a New Way of Using an Existing Product?

Lately, we have had several inquiries about whether it is possible to patent a new way of using an existing product.  The answer is “yes”.  This type of patent is typically called a “method of use” patent.”  A method of use patent has claims that recite a sequence of steps,...

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How to Get Technical Help Without Losing Your Patent Rights

I want to talk to you today about how to get technical help for your business without losing your patent rights.

I want to start out with a quiz. Let’s say you have an employee and that employee does some technical work and ends up developing a patentable invention. Who...

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Patentability Searches versus “Right to Use” Searches

Clients often ask us to perform patentability searches to determine whether it’s worth seeking a patent for an invention. The focus of a patentability search is to determine if an invention is novel, i.e., whether all of its features have been disclosed in a single prior art reference.

The purpose...

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How to Protect Slogans

I know this blog is called “The Business of Patents,” but this is a trademark post.

One thing a lot of people seem to be interested in is how to protect slogans. They want to know how to protect those catchy phrases you hear sometimes like, Nike’s “Just do it”,...

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