Cease and Desist Letters in Patent Infringement
Once a patent application has been issued and granted, the patent owner has exclusive ownership of the patent, protecting him from patent infringement. He has the right to take legal action against infringers for selling, manufacturing, or using his patent invention. The patentee can also send a cease and desist letter to the the accused […]
False Marketing Penalties in Patent Inventions
Patents are marked after filing a patent application and its issuance to protect against patent infringement. Patent marking provides the patent owners protection against their patented inventions being copied, used, or sold without their permission. There are two types of patent markings: Patented Once a patent application has been approved, it is marked as patented […]
Full Information Disclosure in Provisional Patent Applications
The first step after inventing an idea, product or process is to file a patent application to get exclusive ownership rights for patent protection. The application is filed with USPTO (the United States Patent and Trademark Office) and can be a provisional or non provisional patent application. Non provisional patent application – a formal patent […]
Patent Term Adjustment in Patent Applications
There are two ways to file patent applications: Provisional patent application – an informal patent application filed with the USPTO for 12 months to protect the patent from being copied before the non-provisional application is filed Non-provisional patent application – a formal patent application filed to get utility patent rights granted by the Court When […]
Employee Agreements in Invention Patent Assignments
Patent assignments are legally binding agreements made by patent owners which assign the rights or ownership of the patent to another individual or business. These agreements can also occur between employees and employers whereby the employee working for the company may sign a patent agreement to assign the rights of their invention patents to the […]
Importance of Filing a Patent Application
The laws governing the three types of patent applications, utility, design and plant, can be found under the Patent Act 35 U.S Code. The guidelines and specifications for each type of patent invention and the timelines have been specified under these laws to ensure the protection of the patentees and their inventions. To obtain patent […]
Intent in Indirect Patent Infringement
Businesses or individuals are given the right to protect their utility patents under US patent law. The laws for patent infringement are clearly defined under the patent infringement act for patent application claims, stating that “whoever actively induces infringement of a patent shall be liable as an infringer.” This provides exclusive rights to patents for […]
Product By Process Claims in Patent Infringement
Patent application claims are determined by either the product itself or its process, not both. For example, a patent claim recites the product itself or functionality, and a method takes into account the steps taken to achieve the specific result. But there are instances where both the product and its method need to be considered […]
Doctrine Of Equivalents in Patent Infringement Claims
Patent infringement criteria have clearly been defined under the 35 US code 271 to protect patentee rights if their patent invention has been copied or used without their permission. Apart from the visual examination, the courts use the Doctrine of Equivalents test to examine the infringed patent and provide patentees with the right to […]
Test of Obviousness in Invention Patents
Invention Patents are granted based on three main requirements: Novelty Usefulness Obviousness To fulfill the eligibility criteria for types of patent invention claims, the invention must be new, provide usefulness, and must be non-obviousness to both a person of ordinary skill or an industry expert. While the above-mentioned requirements may seem clear, it is not […]
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