What It Does and Doesn't Do Patent pending means a patent application has been filed and remains pending (e.g., it hasn't lapsed or issued as a patent). It indicates the invention described in the patent application and/or marked "patent pending" is in the patent application process. However, it does not establish that the invention or […]

A Guide to Its Purpose and Requirements An information disclosure statement (IDS) brings prior art and other material information to the attention of the United States Patent and Trademark Office (USPTO) during the patent application process. Every patent applicant and all people associated with a patent application process, including patent attorneys, have a duty of […]

What Has to Be Filed With a Patent Application? A patent application must be filed with a standardized set of patent application forms provided by the United States Patent and Trademark Office (USPTO). The patent application forms include forms that identify the inventors, provide summary information about the patent application, identify any assignees or owners […]

What Makes a Trademark Application Void Ab Initio? A business can complete a trademark application and submit the required forms, pay the filing fee, use the trademark properly in commerce, receive a trademark registration, and at the end of the process still have an invalid registration. The legal phrase "void ab initio" means legally invalid […]

What is a Trademark Statement of Use and Why is it Required? A statement of use is a filing made in a trademark application submitted with an intent-to-use filing basis under Lanham Act Section 1(b). A statement of use demonstrates that the applicant is actually using the trademark in commerce and changes the filing basis […]

How the Trademark Application Process Works Trademark prosecution is the legal process of seeking trademark registration, from trademark selection and searching, to filing and application, trademark examination, publication, and registration. For a business, company, or product team, understanding what prosecution means makes it easier to evaluate risks, anticipate challenges, and craft a filing strategy that […]

Why Patent Applications Are Published and the Effects A patent application publication provides the public with access to a pending patent application to notify the public of the patent-pending status of new applications and make it aware of new innovations and technologies. It lets the public see the invention, drawings, and pending patent claims before […]

A Guide for Business Owners How much does a trademark cost? U.S. government filing fees are $350 per class, if you apply for a single class of goods or services and utilize the pre-approved descriptions provided in the Trademark ID Manual. However, there are additional costs that may be incurred in your application, such as […]

How it Occurs and How it Affects Patent Rights Inequitable conduct is an equitable defense that can render an issued patent unenforceable when a person involved in its prosecution intentionally deceives the U.S. Patent and Trademark Office (USPTO) by withholding or misrepresenting material information. The doctrine protects the integrity of patent examination while preventing accused […]

What Entered the Public Domain and What Disney Still Owns The expiration of the Steamboat Willie copyright became a popular issue when the 1928 cartoon entered the U.S. public domain on January 1, 2024. The lapse permits free use of the film’s original creative expression, but it did not release every version of Mickey Mouse. […]