After a patent is issued by the United States Patent and Trademark Office (USPTO), the discovery of prior art or publications not noticed prior to the patent’s issue may raise questions as to the validity of the issued patent. In such a case, a patentee or a third party may file an application for reexamination Read more about Litigating Patents – Reexamination Requests[…]
As previously described, when a patent is applied for, the inventor must include a specification, including the written description of the invention. The specification concludes with a claim or claims that particularly point out and distinctly claim the subject matter that the applicant asserts to be the invention to be patented. One of the purposes Read more about Patent Infringement – Doctrine of Equivalents[…]
Patent claim interpretation is the process of giving proper meaning to the claim language. Claim language defines claim scope. Therefore, the language of the claim frames, and ultimately resolves, all issues of claim interpretation. In determining the meaning of disputed claim terms, however, a construing court considers the written description, the drawings, the prosecution history, Read more about Analyzing Patent Claims[…]
A patent is a right granted under U.S. law that allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the patented invention and without the inventor’s permission for a fixed term. Generally, this term extends for 14 years for a plant patent; 20 years for other types of Read more about Unenforceable Patents[…]
A patent gives the patent owner the right to exclude others from the subject matter of the patent. If another person or company makes, uses, sells, offers for sale, or imports the subject matter of the patent, they are said to infringe the patent. If this occurs, the patent owner may elect to stop the Read more about Jurisdiction and Procedure in Patent Disputes[…]
Patent rights give an inventor the right to exclude others from making, selling, importing, or otherwise profiting from an invention without the inventor’s permission. Doing so is considered an infringement on the rights of the patent holder, and he or she may be able to recover a remedy. Indirect Infringement Indirect patent infringement occurs when Read more about Indirect Infringement of Patents[…]
Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has created two sets of laws to implement the object of this provision: copyright laws protects Read more about Protecting Patent Rights[…]
A patent is a federal statutory right that allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor’s permission for the limited period specified by the patent statute. If a person or other entity makes, uses, sells, offers for sale, or imports the invention Read more about Patents and Patent Defenses[…]
A patent is a property right that the federal government gives to an inventor with respect to an invention in exchange for his full disclosure of how to make, use and practice the invention. The property right granted by the government is the right to exclude others from making, using, selling, offering for sale, or Read more about Patents and Infringement Actions[…]
In general a complete or non-provisional patent application covering a single invention is filed, reviewed by an examiner and either allowed or rejected. However, in some cases it may be desirable to file a continuation patent. A continuation patent application provides no new information about the invention to be patented (referred to as the “disclosures”); Read more about Continued Patent Applications[…]