Patents have a term of 20 years from the filing date. After this term, the technology enters the public domain for all to use. This balances incentivizing innovation during the patent term with allowing further innovation and broader access after the term expires. Often, clients ask how they can extend or otherwise expand upon the […]
OUR RECENT BLOG POSTS
Design Patents
Determining the Difference Between Ornamentality and Functionality The fundamental difference between design patents and utility patents is that design patents protect how an article looks; whereas, utility patents protect the way an article is used and works. In other words, design patents protect the purely ornamental characteristics of an article. Simple enough, right? Wrong. Sometimes […]
Patent Infringement Venue
Establishing Patent Infringement Venue Today and in the “New Normal” In 2017, The United States Supreme Court decided that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400. See TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) (citing Fourco […]
Patent Process Summary
A Brief Summary of the Patent Process Whenever we meet with a new client who has not gone through the patent process before (and even when they have), we make sure to give them a brief summary of what they can expect. The patenting process involves multiple steps. Depending on the invention, the prior art […]
One Skilled in the Art: POSITA
The Importance of Stepping Into the Shoes of the Person of Ordinary Skill in the Art (POSITA) All too often patent examiners and patent practitioners give lip service to the importance of the “person of ordinary skill in the art” (“POSITA”) when discussing issues such as obviousness rejections, the meaning of claim terms in litigation, […]
