The Business of Patents

Do You Need A Patent Search?

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 examination process expedited, the U.S. Patent & Trademark Office (“PTO”) does...

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Do You Know What You’re Looking for? - Clarifying Your Patenting Goals

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 achieve, only to be disappointed at the results and the expense...

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Have You Checked Your Pending Patent Applications Lately?

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 the U.S. Patent & Trademark Office, it may have been over...

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Licensing Your Patents—The Dangers of Declaratory Judgment Actions

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 pay them for the use of their inventions without going to...

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How Can They Get a Patent On That?—Invalidating Patents

“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 the examiner are involved.  The examiner is the gate keeper of...

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