Is IPR (Inter Partes Review) a Better Way to Defend a Patent Infringement Lawsuit?
Inter Partes Review, or IPR, is a mini-trial held before the USPTO’s Patent and Trial Appeal Board (PTAB) to cancel specific claims of a patent on the…
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Design Patents vs. Utility Patents: What You Need to Know About Differences
Design Patents vs. Utility Patents Design patent or utility patent? This is a critical question that you need to resolve early in your patent journey.…
Trademark Goods or Services: Critical Mistakes That Can Ruin Everything
How do you decide which goods or services to include in a trademark application? Trademarks do not exist in a vacuum. A trademark must always…
What can go wrong if you lose a TTAB trademark case?
What are the consequences of losing a TTAB trademark opposition or cancellation? So you have applied to register a trademark and everything has proceeded smoothly…
Should I have a patent infringement search conducted for a simple product?
What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a…
Is an expired patent still relevant?
Can an expired patent still be prior art against a pending application? Yes, an expired patent is still prior art. Prior art has nothing to…
What does patent pending mean? Can you share your idea?
Should I share my idea before applying for a patent? It’s almost never to your benefit to disclose your concept before filing a patent application. By…
How to Avoid Patent Infringement
Will changing the product 10% to 30% avoid patent infringement? I think part of the reason why patents are undervalued these days is the myth…
What is a trademark Notice of Publication (published for opposition)?
What is a trademark Notice of Publication? A Notice of Publication in a trademark application is good news for the applicant. It means that the…
What is a trademark disclaimer and when do you need it?
What is a trademark disclaimer? Sometimes a trademark may include one or more words regarded as merely descriptive or generic when viewed in connection with…
Joint Development Agreement: What are key issues and terms to negotiate in a JDA?
What is a joint development agreement? A joint development agreement (JDA) sets the terms for two or more parties working together to develop a particular product…
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…
What are parent and child patent applications?
What are parent and child applications? In the patent world, parent and child applications may be relevant when continuing applications are involved. A parent application…
What Should Be Discussed During a TTAB Discovery Conference?
What subjects should be covered during a TTAB Discovery Conference? In a TTAB trademark opposition or cancellation proceeding, attorneys for both sides must conduct a mandatory…
What is a new use patent or intended use claim language?
Can you patent a new use of an old product? Yes, it is possible to patent a new use of an old product. That’s the…
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