There are several different types of utility patent applications. The type of patent application that should be filed is contingent on the invention itself, the invention development process and what patents and patent applications have been filed to protect the…
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WHAT IS SECONDARY MEANING?
Brand developers and business owners should carefully consider the word or mark that consumers will identify with a good or service. Before investing resources in developing a brand, consideration of what makes a trademark or service mark (collectively referred to…
The Guardian
In an exclusive piece written in The Guardian, Mark Terry of The Plus IP Firm was sought after to give his insight into the pending case against Apple. You can read the full article here.
WHAT IS A 102 REJECTION?
In order to obtain a patent on an invention, one of the legal requirements under U.S. law is that an invention be new or novel. See 35 U.S.C. § 102. An application for a U.S. patent for an invention filed…
NAKED LICENSING: NO FUN FOR TRADEMARK OWNERS
A trademark owner can lose its trademark rights under trademark naked licensing law. A trademark owner can grant the right to use a trademark through a licensing agreement. However, a trademark owner’s failure to adequately control the quality of goods…
Trade Secret vs. Patents
A trade secret can be viable alternative to a patent for protecting information. A trade secret is information that (1) derives economic value from not being generally known and not being readily ascertainable by proper means by other persons to…
STANDARD FOR DETERMINING DESIGN PATENT INFRINGEMENT
The sole test for determining whether an accused design infringes on a design patent is the “ordinary observer” test. The ordinary observer test requires one to view the differences between the accused design and the patented design in the context…
Can I Challenge My Competitor’s Patent?
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?
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
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…