One common ground for refusal by the United States Patent and Trademark Office (USPTO) is that a proposed mark is primarily merely a surname under Section 2(e)(4) of the Lanham Act. In other words, incorporating a surname into a brand…
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DeepSeek’s U.S. Trademark Battle: A Lesson in Brand Protection
DeepSeek, a Chinese AI company, has recently been in the news for many reasons. Now, DeepSeek is facing a trademark challenge in the U.S., highlighting a crucial lesson for businesses – securing intellectual property rights early is key to protecting…
The Importance and Benefits of Applicant-Initiated Interviews During the Patent Application Process
Navigating the patent application process can be a complex and time-consuming endeavor. One crucial yet underutilized tool that applicants have at their disposal is the applicant-initiated interview with a patent examiner. Understanding the importance and benefits of these interviews can…
LEVERAGING THE VALUE OF PROVISIONAL PATENT APPLICATIONS WHEN UTILITY PATENT PROTECTION IS UNCERTAIN
In many cases, even if an invention has a low probability of obtaining a utility patent based on the results of a patent search, the business or inventor wants to develop the concept further. In those cases, a provisional patent…
The Do’s and Don’ts of Reverse Engineering: Guidelines for Ethical Competition and Reducing Legal Risk
Reverse engineering is a viable method to discover and exploit trade secrets embedded in the public domain or created independently.[1] However, there are several guidelines one must follow to avoid or reduce legal risk. This article discusses those guidelines. Conducting…
Strategies for Obtaining Mechanical Patents in Less Time
Obtaining mechanical patents efficiently is crucial for businesses and inventors seeking to protect their innovations while maintaining a competitive edge in the market. Mechanical patents, which cover inventions involving moving parts such as fasteners, locking mechanisms, and other mechanical systems,…
Using Trade Dress Protection to Safeguard Product Packaging That Your Customers Love
Fun and distinctive packaging for products can increase sales because it can create a positive impression that makes customers want to purchase the product. I personally have purchased many products because the packaging looks “cool.” Trade dress protection, a component…
Strategies for Obtaining Stronger Software Patents in Less Time
Software companies invest significant resources—time, energy, and finances—into research and development for innovative technologies that drive advancements across industries. However, without the protection that patents provide, these companies may find it challenging to bring their products to market and safeguard…
Understanding the Amazon APEX ID: A Powerful Tool for Utility Patent Protection for Amazon Sellers
Obtaining an Amazon APEX ID is a very effective tool to help utility patent owners enforce their utility patent rights on the Amazon platform. This article explains what an Amazon APEX ID is, why it is a valuable tool and…
Pathways For Software Patent Claim Eligibility under 35 U.S.C. § 101
Patent protection for software-related inventions can be challenging due to the evolving interpretations of 35 U.S.C. § 101 and the unique nature of software as an invention category. Understanding the main pathways to patentability is critical for determining whether a…