Author Archives: John DiGiacomo

Historically, patent lawyers, scholars, lawmakers and judges have vigorously debated the question of who should be entitled to the legal protections afforded by a patent — the inventor who first invented the invention or the one who first filed the patent application. In this ongoing debate, the competing factions have been known as First to […]

One of the requirements for patentability is that the invention be “novel.” See 35 U.S.C. §102. Novelty is about whether the invention has already been patented and about what has been disclosed publicly in some manner or way. In simple terms, to meet the novelty requirement, every feature (or equivalent feature) of the invention must […]

With respect to strength and the ability to be immediately registered by the US Patent and Trademark Office (“USPTO”), trademarks may be seen as existing on a continuum. At one end, there are trademarks that are inherently strong and distinctive like fanciful and arbitrary trademarks. Fanciful trademarks are invented words like GOOGLE and EXXON and […]

Trademarks have been around for centuries. Trademarks are a method of allowing commercial businesses to identify their goods (and services) to consumers. A trademark says to consumers: “Our business made this” or “Our business offers this service.” In general, a successful trademark identifies positive attributes to the consumer like solid craftsmanship, excellent materials, quality and […]

Under US law — specifically, under 35 USC § 271 — it is unlawful to infringe a patent during its term. A patent is granted by the US Patent and Trademark Office and, once granted, it entitles the owner of the patent to the exclusive right to manufacture, sell, distribute, and/or license the patented invention. […]

Choosing a brand name is important for the successful launch of a new business or product. But, finding the “right” brand name can be difficult. Here are four things to consider when choosing a good brand name. Make it unique The first rule of coming up with a good brand name is to make it […]

As explained by the US Patent & Trademark Office, a design patent protects the “… visual ornamental characteristics embodied in, or applied to, an article of manufacture.” More specifically, a design patent can protect: The configuration of an article The shape of an article The surface ornamentation applied to an article or A combination of […]

Minimum Advertised Pricing (“MAP”) is one of several types of pricing controls that can be used by manufacturers of goods and products. If you are customer-facing, essentially MAP policies regulate what minimum price you may advertise and sell the product. MAP is distinct from other types of pricing policies like MSRP — manufacturer’s suggested retail […]

To encourage small-time inventors and to spur innovation, the US Patent & Trademark Office (“USPTO”) has reduced fees for patent applications filed by what are called “small entities” and “micro entities.” The fee reduction is 50% for small entities and 75% for micro entities. For example, the current filing fees are as follows: $320 for […]

If you have a business selling products on Amazon, very likely, at some point, you will receive an email from Amazon or from a third party notifying you of a claim related to infringement. Here is a step-by-step guide for resolving Amazon infringement cases. Research immediately — The first step is to research your listing […]