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 foreign design patent protection?

How do you file foreign design patent applications? If you are considering foreign design patents, first check to make sure your invention is eligible for foreign patent protection. Unlike the US, most foreign countries require that you secure a patent priority date before publicly disclosing your invention. That means that if you had publicly disclosed […]

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

What are different types of patent searches? A patent search can mean different things. So when you’re talking to a patent attorney about a search, you need to be clear about what you are looking for. There are 3 main types of patent searches: patentability search (aka novelty search); freedom-to-operate (FTO) search (aka right-to-use or […]

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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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