Its Effect on Patent Infringement The Doctrine of Equivalents is a U.S. patent law rule that can make an accused product, accused device, or accused process infringe a patent even when it does not literally infringe the exact claim language of the asserted patent. The doctrine limits the available design-around options for products and services […]

An Explanation of the Purpose and Function of Trademark Classes Trademark classes are the numbered categories used in trademark registration to describe the goods and services sold under a mark. They are a critical feature of the trademark application process because the applicant's goods and services must be placed in the proper classes at the […]

A Primer on an Important IP Tool A Copyright Licensing Agreement is a legally binding contract in which a copyright owner gives another party permission, through a copyright license, to use a creative work or other copyrighted material for a specific purpose under specific conditions. A license agreement is important because it turns informal approval […]

Introduction This article explains whether entrepreneurs and business owners can trademark a name, the requirements and process involved, and special considerations for personal and business names. Using personal names as trademarks Can you trademark a name, like Donald or Johnson? Yes, under certain conditions. In U.S. trademark law, a name can become a trademark when […]

What You Should Know About Patent Secrecy Orders The Invention Secrecy Act of 1951 is a federal patent law that allows the government to keep certain inventions secret when publication or disclosure could be detrimental to national security. Sensitive technologies that relate to weaponry, cybersecurity and encryption, or other technologies that have potential national security […]

How Businesses Determine the Value of Patents Patent valuation is the process of estimating the economic value of patents, patent portfolios, and related intellectual property rights. The process translates legal protection into practical business information for licensing, selling, patent acquisition, fundraising, mergers, joint venture planning, financial reporting, transfer pricing, and litigation. Because patents are intangible […]

Introduction This page explains trademark consent agreements, their role in trademark registration, and how they differ from coexistence agreements. A trademark consent agreement can be especially important when an examining attorney refuses an application based on a likelihood of confusion with a previously registered mark. What are they and what are they for? A trademark […]

Introduction This article explains what a service mark is, how a service mark differs from a trademark, and why service mark registration can matter for businesses that provide services rather than physical products. What are Service Marks? Service marks serve to identify the source of a service, i.e., the business offering the service. Some companies […]

Introduction This page explains what trade secrets are, provides practical trade secret examples, summarizes the legal definitions that apply under trade secret law, and outlines basic protection strategies for keeping valuable business information confidential. It is intended for business owners, legal professionals, students, and others who want to understand how trade secret protection works in […]

Patent Assignments and How They Work A patent assignment is a transfer of all or part of the ownership of a patent. It is an important tool in the use and exploitation of patented technologies. Patent assignments allow for the monetization of patents, the transfer of technologies between businesses, and corporate management of intellectual property […]