Yes, you can challenge a patent or patent publication.  Before making a decision to challenge a patent or patent publication, an analysis should be conducted by a registered patent attorney to analyze whether challenging the patent or patent publication is…

As a patent attorney, I am frequently asked, “Can I copy my competitor’s patented product?” The short answer is . . .  wait for it, wait for it . . . it depends.  This question typically comes up when a…

A design patent is a legal document that provides protection to the ornamental appearance of a design.  The ornamental appearance of a design can include the design’s shape, configuration, contrasting color or materials. A design patent can provide a huge…

One of the most difficult hurdles to overcome in the prosecution of a patent application is an Office Action based upon a 35 U.S.C. § 103 rejection, which is known as a “103 rejection” or “obvious rejection”.  In a 103…

What are common law trademarks? A common law trademark or service mark (collectively referred to in this article as a “trademark”) is a judicially created right that is governed by state law.  Generally speaking, common law trademark ownership is acquired…

As a patent attorney, many people often ask me, “Should I seek international patent protection?”  The short answer is that it depends on a business’s goals, overall business strategy and budget.  This article will answer some of the questions frequently…

As a Fort Lauderdale patent attorney who helps inventors and businesses create assets out of their innovations, I often get asked, “What steps do I take after inventing a product?”  While there is no one correct answer to that question,…

As a patent attorney, many inventors often ask me if they should patent their idea or invention. The answer to that question – and yes, here it comes – is IT DEPENDS. It depends because the goals and objectives of…

A cease and desist letter is correspondence sent from another party that alleges you are infringing a trademark or service mark (“mark”) and demands you stop using it to sell your products or services.  You should take a cease and…

  Software inventions can be patentable and protected under United States patent law.  However, one of the major challenges a software patent application will face during examination is whether a claim of the patent recites “patentable subject matter” under United…