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

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

Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung

Apple Inc. is known for the number of patents it owns. Apple doesn’t just own patents, it actively engages in enforcing its patents.  This includes a case against Samsung that has been winding its way through the courts for years, where Apple claims that Samsung infringed some of Apple’s iPhone patents.  This case reached the U.S. Supreme Court, and… Continue reading Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung

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

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

Patent Claim Drafting – Use of “OR”

It is surprising to read a Federal Circuit case on patent claim construction, delving deeply into the difference between “and” and “or”, referencing Stunk & White — and incorrectly writing “of” when the court meant to use “or” in a quote from Struck & White! The Federal Circuit wrote: “A common treatise on grammar teaches… Continue reading Patent Claim Drafting – Use of “OR”

DESIGN PATENTS — The IP Solution for Many Small Businesses

By: Sharon Adams May 2014 The U. S. Patent and Trademark Office (USPTO)  commemorated the issuance of the 700,000th design patent, for a “Hand-Held Learning Apparatus” currently assigned to the Emeryville, California-based LeapFrog Enterprises, Inc. A design patent often is an excellent intellectual property solution for many small businesses, especially businesses selling a product. If… Continue reading DESIGN PATENTS — The IP Solution for Many Small Businesses