Understanding the Presumption of Patent Validity All issued patents are presumed valid, and the burden of proving invalidity rests on the party challenging the patent. A patent shall be presumed valid, and each claim shall be presumed valid independently of other claims under 35 U.S.C. § 282. This presumption applies to all claims within a […]

A common law trademark is established through the actual use of a mark in commerce rather than by formal federal trademark registration through United States Patent and Trademark Office. In other words, common law trademark rights are established by opening a business and providing goods and services to consumers under a business name or brand […]

What is a Trademark? A trademark is a symbol, word or phrase, graphical design, sound, color, video clip, or a combination thereof that distinguishes your products or services from those offered by others. A trademark serves to uniquely identify your brand for the benefit of your customers. A trademark is a type of intellectual property […]

Intellectual property (IP) refers to intangible assets that encompass the inventions, creative works, brand assets, literary and artistic works, and valuable knowledge and know-how of businesses, entrepreneurs, inventors, and creators. In most cases, intellectual property rights are creations of the mind that are captured in a tangible form, such as creative writing on paper, a […]

The novelty requirement is a foundational aspect of US patent law. An invention must be something new in order to be considered patentable. Patents are only granted for inventions that are truly new. Anticipation is not the only requirement for patentability. Novelty is one of several statutory requirements, including patent-eligible subject matter, novelty, obviousness, written […]

Generic terms cannot function as a trademark, and thus the phrase "generic trademark" is an oxymoron. Trademark law can be a bit confusing on the subject of generic terms. This article defines and clarifies what a generic term is in order to enable trademark owners to avoid the genericness problem in their pursuit of trademark […]

There are different kinds of patent protection under US patent law. Typically, when one thinks about "patentable subject matter", they are thinking about an invention. Patents that cover an invention (e.g., a new device, method, composition of matter, etc.) are utility patents. There are several patentability requirements for utility patents. An invention is evaluated by […]

Who qualifies as an inventor under US patent law? When seeking a utility patent for an invention, it is critical to properly identify the inventors in the patent application.  In general, an inventor is a person who conceives and reduces to practice an invention that falls into one of the statutory categories of patentable subject […]

What can be registered as a trademark? Entrepreneurs are generally aware of trademarks and the purpose for which they are used: serving as a unique identifier of a business's goods and services. However, the rules that govern what can be "trademarked", or more accurately, what can function and be registered as a trademark are not […]

Design patent claims protect the ornamental design of an article of manufacture. Unlike a utility patent, which covers functional aspects, a design patent focuses on the visual appearance, including the shape, configuration, or surface ornamentation of the claimed design. A design patent has a single claim that refers to the design patent drawings that illustrate […]