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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]