101 Series – How to Get a Patent in 5 Easy Steps

How to Get a Patent In the United States, a patent is issued by the United States Patent Office.  To get a patent, they will need to register your patent and to register your patent, you will need to file an application.  However, before we get too far ahead of ourselves, we need to take a Read more about 101 Series – How to Get a Patent in 5 Easy Steps[…]

What is a Patent Attorney?

As a Patent Attorney, people have no idea what we do…   Once you have that great invention, your next step is to look for a great patent attorney: A patent attorney who not only understands your invention, but can help you through the patent process.    To patent something, a good patent attorney needs Read more about What is a Patent Attorney?[…]

Novelty Requirement of Patentable Inventions

Under the U.S. Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a patent be Read more about Novelty Requirement of Patentable Inventions[…]

Copyrighting Collective Works

The Copyright Act defines a “collective work” as an assemblage into a collective whole of a number of individual contributions, each of which constitutes a separate and independent work, and gives as examples periodicals, anthologies, and encyclopedias. A collective work is also referred to as a “compilation.” Under the Copyright Act, copyright in a collective Read more about Copyrighting Collective Works[…]

Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into Read more about Passing Off under Trademark Law[…]

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]

Patent Applications: Written Description

One of the most important aspects of the patent application is the written description requirement. Under the written description requirement, the applicant must provide a clear description of what is being claimed for patent protection. It is what the inventor hopes to receive in exchange for what the disclosure. The written description requirement may be Read more about Patent Applications: Written Description[…]

Patenting Useful Inventions

Under the Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a patent be useful Read more about Patenting Useful Inventions[…]

October 2009

Patenting Useful Inventions Under the Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a Read more about October 2009[…]