Category: Patent

Under the U.S. Patent Act, there are four legal requirements for patentability. The invention must be: Eligible for patentability under the Act — this is called “subject matter eligibility” Novel — that is, something new Non-obvious Useful — this is legally called the “utility requirement” If you are thinking of patenting your invention, you will […]

Generally speaking, you cannot obtain a patent for an obvious invention. However, to be a bit humorous, it is not always obvious whether an invention is obvious. When a patent application is filed, the application will be examined by a patent attorney at the US Patent & Trademark Office (“USPTO”). Under USPTO guidelines and court […]

Individuals and entities that apply for patents under US law have a number of duties that they owe to the U.S. Patent & Trademark Office (“USPTO”) and to the public generally. Among the most important is called the “duty of disclosure, candor, and good faith. See 37 C.F.R. 1.56. In brief, this involves the duty […]

In general, it is not legally necessary to create a prototype or physical example of an invention as part of the process of receiving a utility patent from the US Patent & Trademark Office. In simple terms, a prototype is a physically-existing specimen of an invention (not just a concept in the form of a […]

Entrepreneurs with new board games must legally protect their new invention/concept by using all of the available intellectual property mechanisms. These include copyrights, trademarks, and patents. While some intellectual property rights come into being automatically, like copyright protection, full legal protection is only accomplished through official registration with the relevant governmental office. Intellectual property protection […]

As we recently discussed with respect to the proposed STRONGER Patents Act of 2017, legal debate continues to swirl around inter partes reviews. The US Supreme Court has entered the ring recently by accepting certiorari on two cases: SAS Institute Inc. v. Matal and Oil States Energy Services LLC v. Greene’s Energy Group, LLC. What […]

Recently, Senator Christopher Coons (D-Del) introduced the STRONGER Patents Act of 2017. So far, this is the only legislation introduced in this Congress addressing any sort of patent reform. The proposal would significantly change inter partes review proceedings before the Patent and Trademark Appeal Board (“PTAB”). What is an Inter Partes Review? An inter partes […]

Filing for patent protection with the USPTO is probably somewhat familiar to inventors and businesses here in the United States. However, the options for seeking international patent protections are probably less well known. Consequently, it is important to seek the help of skilled and dedicated patent attorneys to help you evaluate the pros and cons […]