Category: Uncategorized

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…

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…