After a patent is issued by the United States Patent and Trademark Office, the patent owner may mark the patented articles with the word “Patent” or the abbreviation “Pat.” along with the patent number assigned by the USPTO. This marking of the patent number on the product constitutes notification of the patent, which is essential Read more about Marking Patented Products[…]
Patent protection is provided by federal law through the United States Patent and Trademark Office (USPTO) and gives a patent owner the right to exclude others from making, using, selling, distributing or importing the subject of the patent for a certain period of time. Only certain things may be patented, and there are several requirements Read more about Patent Law[…]
Publication was the key to obtaining federal copyright under the Copyright Act of 1909. Publication is still important to copyright owners but it is no longer the key. Publication is defined in the Copyright Act of 1976 as “the distribution of copies or phonorecords of a work to the public by sale or other transfer Read more about Publication of Copyright Works[…]
Federal Law protects trademarks from dilution from others. Recent changes to the federal law broadens the rights granted to famous trademarks under the Trademark Act of 1946 (also known as the Lanham Act). It strengthens the protection that famous trademarks are given by prohibiting dilution of the famous trademarks by third parties. Determining that a Read more about Federal Trademark Dilution[…]
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[…]
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 Patents for Novel Inventions[…]
One of the most important aspects of the written description is to provide a clear description of the invention for which patent protection is being claimed. The claims of the patent define the boundaries of what is to be protected by a patent, and, in a patent infringement action, the analysis of whether a patent Read more about Patent Law: Written Description[…]
There is no such thing as an “international copyright” that automatically protects an author’s works throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and Read more about Foreign and International Copyright Protection[…]
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods bearing the trademark Read more about Trademarks – Actual versus Intended Use[…]
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[…]