Brief Overview: TLC claims were directed towards systems where an end user could designate different countries where they could receive texts. The accused products were directed towards systems where different carriers could be selected to communicate with a user. The outcome of this case was based on claim construction, and the court held among other [...]
What are patent claims? Patent claims are the most important part of a utility patent application and they define the scope of protection granted by a granted patent application. In essence, the patented claims define the limits of what the patent does and does not cover. Any other product that includes every limitation within a [...]
A question many patent attorneys get from many first time inventors is “How do I know my patent attorney will not steal my idea and patent it himself?” Both the State Bars and the United States Patent Office have strict ethical requirements that govern the conduct of attorneys. These requirements require that attorneys maintain client [...]
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather [...]
What is a copyright? A copyright is a form of intellectual property that may provides legal protection for "original works of authorship." What can be copyrighted? Original works of authorship that may be copyrighted include literary (books, notes, blogs, etc.), dramatic (plays, movies, YouTube videos), musical (songs, either written or performances), and certain other creative works. If [...]
Typically 30 months after filing a non-provisional patent application, an examiner at the USPTO will review the claims written in your patent and determine if there are patents, applications or other references that were created before your filing date that have similar features as claimed in your patent application. In this regard, Office Actions are [...]
A non-provisional patent application (also known as a non-provisional utility patent application) is the traditional patent application that protects how an inventor’s invention works or is made. Similar to a provisional patent application, once an inventor or a patent attorney files a non-provisional patent application, an inventor may mark his or her product as patent [...]
A provisional application allows you to file and hold an inventor's priority claim for an invention for 12 months. A patent attorney or inventor can file a provisional application without many of the formalities required for a non-provisional application. A provisional patent application differs from a non-provisional patent application (often referred to as "regular" patent [...]
A search report is the first step many inventors take in the patent application process. A search report will include a patent attorney's review of existing patents and pending patent applications to determine if any existing works disclose similar features to an inventor’s invention. An in-depth analysis will then be conducted by the patent attorney [...]
In return for disclosing an invention to the general public, a patent owner will be given the exclusive right to make, use, sell, import, and export the invention. Furthermore, a patent owner will have the right to collect damages from others who are infringing on their patent rights. Obtaining a monopoly over their invention is [...]