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
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Patentable inventions do not arise in a vacuum. They usually arise in the context of a sales team trying to land an account, often with time constraints and the added pressure of trying to outflank a competitor. The customer is telling the
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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
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When we first meet with a client who is interested in getting a patent, we ask whether they have conducted a patentability search and whether they wish to do so before incurring the expense of preparing a patent application. Many are reluctant
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Employees Who Assign Patent Rights to Employers May Have Standing to Challenge Omission as Inventors
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.
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Under U.S. law, improved articles of manufacture may be patentable if they are novel and non-obvious. Sometimes, an inventor comes up with a new article that is faster, stronger, more flexible, more rigid, lighter, etc. by using new materials to make the
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Pros and Cons of Apparatus and Method of Use Claims Devices or apparatuses can often be protected by using two kinds of patent claims: apparatus and method of use claims. Each approach has its benefits and drawbacks. In general, apparatus claims expand
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Since we have been living with managed medical care for some time, many people have become accustomed to the idea that they need to act as their own advocate when dealing with medical professionals. Thus, we have become more comfortable with questioning
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This time of the year it is common to publish lists of everything ranging from the top songs to the top movies to the best and worst dressed people. Last year we published a list of the top 10 misconceptions about patents
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How aware are you of your competitor’s patenting activities? Are they seeking patents that could impact your development of future product lines in your technology area? Are they moving into new technologies that could be game-changers? Are new players entering your space?
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