Category: Patent Law

4 options for getting a patent on a limited budget

August 10, 2022
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Walker Weitzel
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The patent process be a costly investment. There are a number of ways that inventors can reduce or defer the expense in order to establish ownership or priority of an idea. Is it possible to file a patent application yourself, saving expensive patent attorney charges and bringing down your costs? Read on to find out. […]

      Patent Claim Construction and Interpretation

      August 4, 2022
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      Walker Weitzel
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        MBO Laboratories v. Becton, Dickinson & Co., 81 USPQ2d 1161 (Fed. Cir., 2007). The patent in the MBO case relates to safety syringes that prevent accidental prickings and contamination by healthcare workers and professionals.  MBO asserts that the defendant, Dickson’s syringe design infringes their patent No 36,885 syringe design.  The patentee, on appeal, argued […]

          Method And Apparatus Claim Patent Marking Statute Requirements

          August 2, 2022
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          Walker Weitzel
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          Patent Marking

          According to the Patent Marking Requirements Act,35 U.S.C, Patentees can notify the public that the product is patented by marking it with the word “patent” or “pat” along with the patent number. The patent number can also be affixed on the label or packaging if the product cannot be marked.  Marking the product provides protection […]

              Claim Construction: “Consisting of”

              August 1, 2022
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              Walker Weitzel
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              Conoco Inc Vs Energy & Environmental International – Federal Circuit No 05-1363,  August 17, 2006 The alleged patent infringement This case discusses whether the term “consisting of” in the patent as a transition word fully excludes the addition of any other elements in the claimed invention. For background, a claim that uses the word “comprises” […]

                  How are Design Patents Infringed?

                  July 29, 2022
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                  Walker Weitzel
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                  Case: Lawman Armor Corp versus Winner International LLC, 77 USPQ2d 2017 (Fed. Cir.2006)  The Federal Circuit’s decision in Lawman Armor Corp stated that the Winner (defendant) did not infringe US Patent No Des 357,621 because the various patents cited collectively did not reveal each of Lawman’s (plaintiff) points of novelty.  The infringement of a design […]

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