The Business of Patents

Planning Your Foreign Patent Portfolio—The Strict Original Disclosure Requirement

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 requirement dictates that your claims not go beyond the original disclosure from your...

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Industry Focus: Strategies for Patenting Cosmetics

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 the case of typical pharmaceutical patents. In many or most cases, a new cosmetic...

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Recommended Reading - The Anatomy of a Patent Case

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 terms, but it also involves claim construction proceedings, the doctrine of equivalents and...

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Sprechen Sie Patent? Learning How to Speak “Patent”

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 course, this can result in bad business decisions and other problems depending on...

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Have You Considered Design Patents?

Design patents can be a powerful, and often underutilized tool, for protecting your products and market position. Design patents protect the ornamental features (think appearance) of an article of manufacture, as opposed to protecting its structure and function. Some items are obvious candidates for design patents because consumers are primarily attracted to them based on...

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