Litigating Patents – Reexamination Requests
After a patent is issued by the United States Patent and Trademark Office (USPTO), the discovery of prior art or
Patents for Novel Inventions
Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts,
Patent Law: Written Description
One of the most important aspects of the written description is to provide a clear description of the invention for
Foreign and International Copyright Protection
There is no such thing as an “international copyright” that automatically protects an author’s works throughout the world. Protection against
Trademarks – Actual versus Intended Use
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses
Patent Infringement – Doctrine of Equivalents
As previously described, when a patent is applied for, the inventor must include a specification, including the written description of
Patent Applications – Written Description Requirement
One of the most important aspects of the written description is to provide a clear description of the invention for
Copyright Reproduction Rights
The reproduction right is one of the exclusive rights granted to the owner of a copyright by the Copyright Act.
Personal Names, Descriptive Terms, and Generic Words
The weakest and least-protected marks are personal names, descriptive terms, and generic words. Distinctive business names usually receive protection under
Analyzing Patent Claims
Patent claim interpretation is the process of giving proper meaning to the claim language. Claim language defines claim scope. Therefore,