Does the Amazon infringement notice identify a patent, trademark or copyright? At the outset, you should carefully study the Amazon infringement notice to determine which IP rights are being asserted against your product listing. An accurate understanding of the asserted IP rights will lead to clues as to which features might be triggering the notice […]
Category: Intellectual Property Q&A
What is trademark fair use?
When is it OK to refer to someone else’s trademark? Trademark law allows for third parties to refer to the trademarks of others in certain situations. Known as fair use, the overall guiding principle is that unauthorized usage of a trademark owned by someone else may be permissible if done in a way that would […]
How long is the US patent application process (how much time does it take to get a utility patent)?
How long is the utility patent application process? The USPTO is notorious for its backlog of examining utility non-provisional patent applications. First-time utility patent applicants should expect the process to take several years. To the extent that getting a utility patent granted is significant to the growth or success of a business, entrepreneurs should factor […]
Where can I find IP resources for startups?
IP resources for startups As an early stage startup, you cannot ignore the significance of IP. At the same time, your budget for protecting your IP may be limited. Where can startups go to find helpful IP resources? Let me list a few. IP Checklist A good place to start is an IP checklist. What […]
Can you add new content after filing patent application (CIP)?
Can you add new content after filing a patent application? Yes, it is possible to add new content after filing a utility patent application, but not in the way that you might think. Procedurally, the new subject matter is added not to the first patent application that has already been filed, but rather to a […]
How to choose goods or services in a trademark application
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 be tied to at least one product or service. You cannot trademark words in the abstract. So when you hear about a celebrity trademarking a phrase, the phrase or slogan must be […]
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 so far as your examining attorney has approved the mark. You now wait through 30-day period when your trademark is published for opposition and hope no one challenges your mark. Unfortunately, a third […]
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 product or service. An infringement search involves a careful comparison of the patent claims to the product to be sold, as opposed to a novelty search which focuses on the patent drawings […]
Can I share my patent pending 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 doing so, you lose foreign patent rights and risk someone filing first with the Patent Office. If your invention is patent-pending, then have some options for safely disclosing your concept. […]
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 growing myth that you can avoid infringing a patent by changing your product by, say, 10% to 30% (what does a 10-30% product modification even mean?). Unfortunately, such percentage changes will […]