What can you protect with a design patent? If your product’s appearance is unique and attracts customers (e.g., it includes a sleek silhouette, ornate surface styling, etc.) it may be worthy of design patent protection under U.S. patent law. Even if a product design does not qualify as a technical invention, a novel and non-obvious […]

Understanding IP portfolios and their business value Intellectual property portfolio management is an important business tool for companies that are engaged in innovation or creative industries. Businesses that own patents, trademarks, trade secrets, and other intellectual property (IP) need management of their IP assets to maintain their enforceability and maximize their value. A strong IP […]

How Courts Define The Scope of Patent Rights Patent claim construction is the process by which a court determines the meaning of patent claims, which are the words that define the scope and rights of a United States patent. Claim construction therefore shapes the outcome of a patent infringement lawsuit. In plain terms, before anyone […]

A Practical Guide for Business Owners Integrating brand and trademark protection into your overall business strategy is one of the smartest investments you can make to support your long-term success. Your brand is more than marketing; it is the symbol of the public perception of your company, including its reputation, voice, customer experience, and commitment […]

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 […]