The Business of Patents
In recent months, we have been working extensively with customized AI tools to assist with both administrative and substantive aspects of our practice. Tools like these can deliver real efficiency gains, and in some cases, they let us operate at a level of depth that was not previously practical. They are, in our view, here […]
Read more →In our experience, startups and founders often treat design patents as a lesser form of protection – cheaper than a utility patent, perhaps useful for marketing, but not really a serious patent. That view ignores some real strategic benefits they can provide. In the right circumstances, design patents are faster, cheaper, harder to invalidate, and […]
Read more →If you practice law long enough, you see the pendulum shift between the respective rights of patent owners and accused infringers. The pendulum seems to be shifting, at least somewhat, back toward the inventors. In October of last year, John Squires, Director of the USPTO, issued a memorandum stating that he would be personally deciding […]
Read more →Not only do we help our clients get U.S. patents, but we help them get patents in places like Europe, Canada, Japan, China, Australia, Mexico, and Brazil. In order to prosecute a patent in a foreign patent office, we have to retain counsel in the country of interest. We review the examiner’s reports (which we call […]
Read more →Inventors typically come to us with an idea of what they think is new about their invention. Usually, they have not done a prior art search, and as a result, are sometimes overly optimistic about the breadth of a patent they might ultimately obtain. Once we do a search, the scope of what is “new” – and […]
Read more →Patents are not cheap, and the process can be frustrating and time consuming. So, it is important to think about why you want a patent in the first place. It may turn out that patenting is not an optimal way to achieve your goals. For example, if your invention is not one that leaves a “fingerprint” in a […]
Read more →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, and in some cases, the […]
Read more →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 patent claims are invalid). These […]
Read more →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 protect the “ornamental appearance” of an article of manufacture. Utility patents protect the […]
Read more →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 narrowing the scope of their invention. However, that is not the case. We […]
Read more →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 products. The auto industry is full of these types of interactions. A supplier […]
Read more →Employers do not automatically obtain legal ownership of the patent rights to their employees’ inventions simply because of the employer-employee relationship. Thus, it is a standard practice to require employees to assign their patent rights to their employers in an employment agreement. This practice raises the following question: Can an employee (or ex-employee) file an […]
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