Author Archives: John DiGiacomo

Under US patent law, the owner of a patent has the exclusive right for the duration of the patent to manufacture, market, sell, and license the invention that is protected by the patent. This is similarly true for patents issued by patent offices in foreign countries. If you violate someone else’s patent, you can be […]

In the U.S., patents are issued by the U.S. Patent and Trademark Office (“USPTO”). When a patent application is submitted, the USPTO will assign a patent examiner to the application. In general, the patent examiner is tasked with ensuring that the patent application meets the legal requirements. If the legal requirements are NOT met, then […]

If you want to trademark a phrase, catchphrase or slogan for your business, the quickest way is to follow these five steps. 1. Create a distinctive phrase, catchphrase or slogan The first step on the path to a registered trademark is to create a distinctive phrase, catchphrase or slogan. Distinctiveness is necessary for a trademark […]

For inventors and owners who have received, from a foreign (non-U.S.) patent office, a notice of patent allowance or a final ruling allowing at least one claim, there is a process for fast-tracking any corresponding U.S. patent application. This is called the “Patent Prosecution Highway” (“PPH”). The PPH is an international treaty-based arrangement between the […]

When a patent applicant receives a “final determination” — a Final Office Action — from the US Patent Office, the applicant has several options. One option is to file a Request for Continued Examination (“RCE”). Here is a brief explanation of the definition of an RCE, the requirements and advantages. What is an RCE? Essentially, […]

Depending on how your website operates and what information it collects, there may be dozens of legal requirements that must be met before you “go live” with your website. Even though you may be located in one small — even remote — locality, if your website receives traffic from other states, you may be required […]

To protect the rights of owners of intellectual property, eBay has created a program called the “Verified Rights Owner” program (“VeRO”). eBay is an enormous online platform for retailers selling new and second-hand merchandise. eBay has millions of sellers and buyers. One problem with online sales platforms like eBay is that some sellers will sell […]

When you make an application to register a trademark or service mark with the US Trademark Office, one step in the process is publishing your trademark in the Trademark Office’s Official Gazette (“TMOG”). Officially, this is known as “publishing for opposition.” As the name implies, the purpose of publication is to allow third parties to […]

Here are the top five reasons that having trademarks can be good for your business and are good business investments. 1. Trademarks are valuable business assets — If created and prudently managed, trademarks can be very valuable business assets, on par with capital equipment, inventory, real estate and other saleable assets. As we discussed recently […]

The first sale doctrine is a legal doctrine that applies to copyrights, patents and trademarks. The doctrine is slightly different for the three types of intellectual properties. But, in general, in each case, the first sale doctrine prevents owners/holders of intellectual property rights from controlling what happens to a physical product or work after it […]