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…
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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…
What is a trademark filing basis?
Use vs. Intent-To-Use A trademark application filed with the USPTO must designate at least one filing basis. For most American applicants, the choice boils down…
Madrid Protocol trademark application vs. Conventional Priority: Which is less expensive?
How much does a Madrid Protocol trademark application cost? The Madrid Protocol can be a cost-effective way for trademark owners to obtain international registration through a centralized system,…
Can US trademark registrations under the Madrid Protocol be canceled for non-use?
Can a US trademark registration based on the Madrid Protocol be canceled? Not every trademark registered with the USPTO had to have been used in US…
How To Get Foreign Design Patent Protection
How do you obtain foreign design patent protection? If you are considering foreign design patents, first check to make sure your invention is eligible for…
What is an incontestable trademark registration?
What is an incontestable trademark registration? A federal trademark registration on the Principal Register may become incontestable after five years. An incontestable registration provides its…
Can a patent application be confidential (nonpublication request)?
Are utility patent applications kept confidential? By default, utility nonprovisional patent applications are published around 18 months from the priority date. This publication occurs whether…
What prior art documents should be included in an Information Disclosure Statement (IDS)?
Why is an IDS required? The USPTO places an obligation on each patent applicant to disclose any known prior art references that are relevant to…
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