A Houston Patent Attorney’s Review of: PFIZER INC. v. LEE

Patent Term Adjustment (PTA) is utilized by the Patent Office so that an inventor’s patent protection is not limited by delays caused by the Patent Office. The Patent Term Guarantee Act (“the Act”), 35 U.S.C. § 154(b), provides for the restoration of patent term in three circumstances: (i) an “A-Delay,” which awards PTA for delays [...]

By | 2016-01-28T11:02:37+00:00 January 28th, 2016|Blog, Uncategorized|Comments Off on A Houston Patent Attorney’s Review of: PFIZER INC. v. LEE

Design Patents of Famous Gaming Systems

Design patents cover the “ornamental look” of an object. A protectable design includes characteristics that are unique to the look of a product. Sometimes the utility of an object (i.e. a knife) may not be patentable, however the look of the object may be distinct enough to warrant protection. Typically, inventors want to protect functionality [...]

By | 2014-09-25T17:02:35+00:00 September 25th, 2014|Uncategorized|Comments Off on Design Patents of Famous Gaming Systems

High Level Legal Advice For Technology Start-Ups In Austin, Texas

As a patent attorney located in Austin, Texas who deals with a lot of start-ups with various legal questions, I have written out the following as some legal advice for start-ups. 1.       Incorporation Start-ups should incorporate such that the companies liabilities to not extend to personal liabilities. In some fields such as “mobile application” based [...]

By | 2013-06-27T16:49:48+00:00 June 27th, 2013|Uncategorized|Comments Off on High Level Legal Advice For Technology Start-Ups In Austin, Texas

TRADEMARK LITIGATION: LEVI STRAUSS VS. ABERCROMBIE & FITCH

OVERVIEW: Since the late 1800’s Levi Strauss has stitched the back pocket of their jeans with two connecting arches that meet in the center of the pocket. Levi Strauss holds several registered trademarks with the USPTO for their bow shaped design. Levi Strauss also actively monitors their competitors’ stitching designs to make sure they are [...]

By | 2013-06-25T19:43:02+00:00 June 25th, 2013|Uncategorized|Comments Off on TRADEMARK LITIGATION: LEVI STRAUSS VS. ABERCROMBIE & FITCH

When should my start-up file a patent?

There are several key dates associated with obtaining a patent. The American Invents Act will be implemented March 16, 2013. The main change of this Act is making the US a first-to-file patent system where the first inventor to file a patent gets a priority claim to the invention. This is contrary to the current [...]

By | 2013-02-04T22:10:44+00:00 February 4th, 2013|Uncategorized|Comments Off on When should my start-up file a patent?

Why should I hire a patent attorney to draft an application?

A question I commonly get from inventors and start-up managers is “Why should I hire a patent attorney to draft an application instead of writing it myself?” For smaller companies, it is paramount that they protect their intellectual property assets because larger companies will more than likely have better distribution streams, be able to undercut [...]

By | 2013-01-10T11:00:01+00:00 January 10th, 2013|Uncategorized|Comments Off on Why should I hire a patent attorney to draft an application?

How to read and respond to an Office Action from the USPTO

Office Actions are formal documents prepared and communicated from a patent examiner at the United States Patent and Trademark Office. Office Actions are common in patent prosecution to obtain a patent, and typically during patent prosecution at least 2-3 Office Actions will be issued before a patent application is granted as a patent. These linked [...]

By | 2013-08-09T12:16:03+00:00 January 4th, 2013|Patent Basics, Uncategorized|Comments Off on How to read and respond to an Office Action from the USPTO

Austin Patent Law: What is the doctrine of equivalents?

In United States patent law under the patent act, a granted patent gives the patent owner the right to exclude others from making, using, selling, importing and exporting what is “distinctly claimed” in the patent. Although there is typically uncertainty regarding the proper interpretation of claimed limitations in a patent, the claims provide for public [...]

By | 2013-01-03T14:17:20+00:00 January 3rd, 2013|Uncategorized|Comments Off on Austin Patent Law: What is the doctrine of equivalents?

WHAT IS THE DIFFERENCE BETWEEN ASSIGNMENT AND A LICENSE?

The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned. In intellectual property, a license may grant a licensee to use a patent, trademark, software, etc. without [...]

By | 2013-01-02T22:23:53+00:00 January 2nd, 2013|Uncategorized|Comments Off on WHAT IS THE DIFFERENCE BETWEEN ASSIGNMENT AND A LICENSE?