Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102

The Constitutional right to obtain a patent is subject to certain limitations, including that an inventor may be barred from obtaining a patent if the invention was sold or publicly disclosed prior to filing the patent application. The America Invents Act (“AIA”) changed the statutory language of 35 U.S.C. section 102 regarding when a prior… Continue reading Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102

Trademark Applicants – Beware of Scams After Filing TM App

A trademark application filed with the U.S. Patent & Trademark Office contains required information about the trademark applicant, including the applicant’s name and address. The applicant’s name and address are publicly-available, even when an attorney files the trademark application. There are companies that exploit this public information by sending official-looking documents to trademark applicants requesting… Continue reading Trademark Applicants – Beware of Scams After Filing TM App

Design Patents – Year in Review

Companies continue to see the value of design patents.  Nike, Inc. is ranked 5th in the United States in the number of design patents granted to it in 2016, with a total of 275 issued design patents.  Number one on the list is Samsung, with 1,629 issued design patents, above Apple Inc. with 433 issued design… Continue reading Design Patents – Year in Review

Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand

People often ask about the extent of patent and trademark applications needed to protect the intellectual property of a business.  As shown by Apple, the answer is: as much as possible. Apple, Inc. has $231.5 billion in cash-on-hand. When a company has this kind of cash it can afford to pursue patent applications that others might not pursue due… Continue reading Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand

Copyright Trolls Update

A previous article discussed how Getty Images, Inc. and other image licensing companies routinely send out demand letters claiming copyright infringement based on a one-time or accidental use of an image in a blog or other online forum.     If you are the recipient of such a letter, the first thing to check is… Continue reading Copyright Trolls Update

Design Patent for Consumer Products

In today’s competitive marketplace a successful business product will likely draw competition, and competitors may try to copy the successful product.  This is especially true in the field of consumer products. A design patent is a cost-effective way to protect successful consumer products from infringement. A design patent protects the design of an invention.  Often,… Continue reading Design Patent for Consumer Products

Trademark Basics

Trademarks are an important business asset.  Trademarks have different aspects.  A trademark can function as a brand name to identify the goods or services provided by a business.  Trademarks are also an aspect of the “goodwill” of a business, and can be important in business valuation A trademark identifies the source of the goods or… Continue reading Trademark Basics