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Can I Challenge My Competitor’s Patent?

adminUncategorizedNo commentsMarch 21, 2016

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…

CAN I STILL MANUFACTURE A PRODUCT IF MY COMPETITOR HAS A PATENT?

adminUncategorizedNo commentsMarch 3, 2016

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…

ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT DESIGN PATENTS

adminUncategorizedNo commentsFebruary 17, 2016

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…

RECENT CASE ON OBVIOUSNESS: Cutsforth, Inc. v. MotivePower, Inc.

adminUncategorizedNo commentsFebruary 11, 2016

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…

THE LIMITS OF COMMON LAW TRADEMARK RIGHTS ON THE INTERNET

adminUncategorizedNo commentsJanuary 21, 2016

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…

INTERNATIONAL PATENT STRATEGIES

adminUncategorizedNo commentsJanuary 6, 2016

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…

STEPS TO TAKE TO DEVELOP AN INVENTION

adminUncategorizedNo commentsDecember 17, 2015

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,…

SHOULD I PATENT MY INVENTION?

adminUncategorizedNo commentsDecember 15, 2015

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…

I RECEIVED A CEASE AND DESIST LETTER – NOW WHAT?

adminUncategorizedNo commentsDecember 9, 2015

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…

Examples of Patent Eligible Claims for Software Inventions

adminUncategorizedNo commentsNovember 17, 2015

  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…

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