Affordable ways to enforce intellectual property If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Thankfully, you can enforce intellectual property without spending your life savings. In fact, these options for intellectual property enforcement are quite affordable if you know how to take […]
Articles Tagged: patent infringement
What is a Notice of Allowance? How do you get a patent application approved?
What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant. If you have received the NOA, congratulations! […]
How do you argue noninfringement in an Amazon seller patent case?
What are the ways to defend an Amazon neutral patent evaluation? Amazon’s neutral patent evaluation technically offers three ways to defend a utility patent infringement claim. One way is to show a prior decision by a court or the US International Trade Commission (ITC) that the asserted patent claim is invalid. This is a rare […]
Do your products infringe a patent?
Where to start if you have been accused of patent infringement Disruptive and disconcerting – two of the most common emotions experienced by one accused of infringing a patent. Determining whether your products infringe a patent requires a methodical approach. A careful comparison of the patent claims and your accused products will help guide your […]
How to block competitors with patents
Why one utility patent might not be enough Obtaining a utility patent is no minor accomplishment. You likely had to respond to at least one Office Action and overcome claim rejections on multiple grounds. Congratulations are in order. Yet you do not want to overlook the risk that competitors will find ways to avoid your […]
How to design around patents
What is a design around? A design around refers to a product that has been intentionally designed or modified to avoid patent infringement. The goal of a design around is to reduce the risk of a patent lawsuit or, if sued, to avoid or minimize liability for infringement. In order to design around patents, you […]
How to read a patent: Utility vs. design patents
How to read a patent While design patents are straightforward, utility patents can be confusing to understand. You have the claims which read like a foreign language. And then you have the written description which typically discloses details that seem to be more specific than what you find in the claims. How do we make […]
How to understand patent claims
Understanding utility patent claims The claims are often the least understood portion of a utility patent, and yet they matter the most. Attempting to understanding utility patent claims can feel like learning a foreign language. There is a lot of funky claim language like “comprising,” “said” and “wherein,” not to mention the hierarchy of independent […]
Why file a continuation before your patent is granted?
Why file a continuation application before your patent is granted? “I don’t know what I don’t know.” This axiom rings true especially when it comes to the future. Most patent owners cannot foresee all the ways in which competitors will try to design around their patents. So why file a continuation? It’s simple. A continuation […]
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 […]