Real-World Lessons for Businesses A trademark distinguishes a company’s products or services from those of others. It may be a word, symbol, design, color, package, or combination of branding elements. Trademark infringement occurs when unauthorized use is likely to cause consumer confusion about the source, sponsorship, or affiliation of goods or services. This article provides […]

An Explanation of Patent Term and How Patents End When do patents expire? Most United States patents follow a twenty-year term measured from a controlling filing date, but the actual expiration date may change because the application is part of a patent family with multiple related applications, maintenance fees, Patent Term Adjustment, Patent Term Extension, […]

An Explainer of Restrictions and Their Effects in a Patent Application A restriction requirement is a procedural action in U.S. patent law. The United States Patent and Trademark Office (USPTO) issues it during examination when a single application appears to claim multiple patentably independent and distinct inventions. The examiner requires the applicant to elect one […]

A Detailed Breakdown for Innovators If you have conceived and developed a promising invention, one of the first practical questions you will face is how much does a patent cost. The answer depends on what kind of patent you need, how complex your technology is, and how you approach the patent process. This guide breaks […]

What Business Owners Should Know Trade secret litigation involves legal action to protect confidential business information from misappropriation. For a company, trade secrets can be valuable intellectual property, sometimes constituting a large proportion of the business value, because they may include customer lists, business plans, data compilations, manufacturing methods, chemical formulations, source code, processes, pricing, […]

What Intellectual Property Owners Need to Know Entrepreneurs, inventors, artists, and other creators and owners of intellectual property assets need to have a succession plan for their valuable IP assets. The possibility of disposal of intellectual property in probate is a risk that should be avoided, if possible. In a probate estate, IP is generally […]

Real-World Legal and Business Risks Why would a company that makes no product threaten a patent infringement lawsuit? The US patent system permits patent owners to license and enforce patent rights regardless of whether they manufacture or otherwise provide the patented invention. However, patent trolls acquire patents mainly to collect licensing fees or settlements through […]

Explanation of the Meaning, Function, and USPTO Recordation of a Trademark Assignment A trademark assignment is the legal transfer of trademark ownership from one party to another. Business owners use an assignment to move a brand, mark, trademark registration, or trademark application when selling a business, moving intellectual property assets into a new entity, or […]

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 […]