Category: Patent

A continuation patent application is a separate later-filed patent application that relates to an earlier-filed patent application. The continuation patent application must be based on the specification shown in the earlier-filed patent application and must “build on” or add additional patentable claims. The continuation patent application is commonly called the “child” application and the original […]

To obtain a patent, an inventor must file an application with the US Patent & Trademark Office (“USPTO”). The most important part of the application — and often the most difficult part to draft — is setting out in words what the invention is. This is called the “patent claim.” In essence, the patent claims […]

Patent applications are filed to protect inventions. Obtaining a patent gives the owner a 20-year right to exclusive use, production, sale and marketing of the invention. A “continuation-in-part” application (“CIP”) is a subsequent application filed with the United States Patent and Trademark Office (“USPTO”), which adds one or more additional subject matters which were not […]

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 […]

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. […]

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 […]

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 […]

Years ago, in patent law, the concept of “reduction to practice” had two meanings — “actual” or “constructive” reduction to practice. Whichever choice was made, “reduction to practice” was a requirement for successfully obtaining a patent. Technically, the requirement still exists. But, as discussed below, this “requirement” is now wholly met by filing a patent […]

There are tens of thousands of apps for mobile devices like iPhones and Androids, and inventors are coming up with news apps everyday. Under some circumstances, mobile device apps can be patented and there are many good reasons for doing so. Obtaining a patent from the US Patent & Trademark Office (“USPTO”) gives the owner […]