What is joint ownership of a patent?

Each co-owner of a jointly held patent can make, use, sell and license the patented invention. Licensing is the main concern with a jointly owned patent since each co-owner can grant non-exclusive licenses without having to obtain the consent of other joint owners. Joint patent ownership can create a messy situation where no single patent owner has the […]

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What are parent and child patent applications?

What is a parent application? A parent application is typically the first non-provisional patent application filed for an invention. It is possible that a parent application may disclose multiple inventions. What is a child application? A child patent application is filed while a parent application is still pending (i.e., not issued or abandoned). By linking a child to […]

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What is intended use claim language?

“Intended use” refers to language in a patent claim that arguably describes a purpose or function of the thing being claimed. It is, therefore, not given any patentable weight by a patent examiner who has deemed a claim limitation to constitute intended use. By regarding certain claim language as intended use, the examiner can generally disregard the […]

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How do I get international or foreign design patent protection?

On May 13, 2015, the U.S. became a participant in the Hague Agreement on international registration of design patents. U.S. applicants can now file a single design patent application and seek protection in multiple member countries of the Hague Union, similar to the streamlined patent protection afforded by the Patent Cooperation Treaty (PCT) for utility patent applications and that […]

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What is a (novelty vs. validity vs. freedom-to-operate) patent search?

Different types of patent searches There are 3 main types of patent searches: patentability search (aka novelty search); freedom-to-operate (FTO) search (aka right-to-use or infringement search); and patent validity search. What is a patentability search? The main distinction between these patent searches relate to the difference between what is patentable vs. what infringes.  Also known as a novelty […]

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What is PDX (Electronic Priority Document Exchange)?

When a U.S. national stage patent application or direct filing claims priority to a foreign application, a certified copy of the foreign priority document is required.  The USPTO and certain foreign patent offices – European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), China Patent Office (SIPO which stands for State Intellectual […]

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