It is sometimes the case that the real driver of value in a patented machine or system is in the aftermarket for replaceable components. The problem is that, on their own, the replaceable components often lack any unique functionality and are unprotectable with
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In our experience, many clients are under the impression that the naming of inventors on a patent application is discretionary and that they can simply select whom they wish to name. We have seen situations where, for internal political reasons, someone wants
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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
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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
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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
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Today, we want to discuss something you can do in your patent applications to drastically increase your chances of getting them granted as patents. In order to get a patent, an invention has to be novel, and it has to be non-obvious.
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One very powerful aspect of US patent law is its continuation practice. The patent statute allows applicants to file an additional patent application based on an earlier still-pending application and pursue different claims as long as those claims are supported by the
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Over the years, we’ve seen what works and does not work for companies who are trying to develop a valuable patent portfolio, meaning one that actually enhances their market share. We recently published a list of 5 key strategies that we have
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With many businesses closed or having scaled back operations, now is a good time to revisit your intellectual property strategy. One good starting point is to look at how you distinguish yourself from your competitors. Here are some key questions to ask:
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During times of crisis, innovation tends to rise because unique problems call for unique solutions. In addition, if you are currently not working, you have some additional time to engage in creative problem solving. If you think you have come up with
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