An Explanation of the Patent Application Drafting Process Business owners and entrepreneurs often develop new products that may or may not be patentable, and need to understand how to draft a patent application, and the key aspects of the patent application process. A well-drafted patent application is far more than simply describing an idea or […]

Basics of Patent Licensing Agreements Patent licensing lets a patent owner (the licensor) grant a license to another person or company (the licensee) to use a patented invention or patented technology. Rather than transferring ownership of the patent itself, a patent licensing agreement gives the licensee defined permission, under negotiated and agreed terms, to make, […]

Key Differences in Creative Intellectual Property When comparing design patents and copyrights, you need to understand what the law is trying to protect and why. Both are forms of intellectual property, but they serve different policy goals within the broader system of intellectual property protection. A design patent focuses on protecting the ornamental design and […]

Protect the Look and Feel Trade dress can be registered with the United States Patent and Trademark Office (USPTO), just like a word mark like NIKE or a logo like the swoosh. Trade dress is the look and feel of product packaging, distinctive decor, or product configuration that creates a connection in the consumer's mind […]

What is a “Person Having Ordinary Skill in the Art”? An important term in patent law is the Person Having Ordinary Skill in the Art (PHOSITA or POSITA). A PHOSITA is a “hypothetical person” used to judge obviousness, disclosure, and claim meaning. It is a figurative hurdle for patenting an invention. In the patent system, […]

How are Trade Dress Rights Violated? Trade dress is protectable under US law as a form trademark protection. Trade dress is generally the overall appearance, commercial image, and commercial impression that identify the source of the product or service under federal law. Trade dress rights are violated under the Lanham Act (federal trademark law) when […]

What is the Difference and Who Do You Need? If you have developed an invention, built a technology-driven business, or are preparing to commercialize new technological innovations, you have likely encountered overlapping terms such as patent attorney vs lawyer, patent lawyer, intellectual property lawyer, and patent agent. The labels sound similar, but the underlying authority, […]

Final Steps to Patent Approval and Issuance A Notice of Allowance (NOA) is an official letter from the United States Patent and Trademark Office (USPTO) signaling that an application has cleared examination and is on track for grant. Receiving an NOA is a positive development. The NOA means your patent application is allowed and the […]

A Special Kind of Trademark Violation “Reverse passing off” is a form of unfair competition where someone sells another company’s product under their own name or brand. Unlike ordinary “passing off” (or palming off), which involves misrepresenting your goods as someone else’s, reverse passing off occurs when a party misrepresents someone else’s goods or services […]

A Crucial First Step in Protecting Innovation An invention disclosure is often the first step in protecting an invention and transforming it into a commercial asset. It is a document drafted to capture the invention for review by the company employing the inventor(s), patent counsel, or other parties that will consider the merits of the […]