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 […]

What is the Difference and Who Do You Need? If you have developed an invention, built a technology-driven business, or are preparing to commercialize new technological innovations, you have likely encountered overlapping terms such as patent attorney vs lawyer, patent lawyer, intellectual property lawyer, and patent agent. The labels sound similar, but the underlying authority, […]

Final Steps to Patent Approval and Issuance A Notice of Allowance (NOA) is an official letter from the United States Patent and Trademark Office (USPTO) signaling that an application has cleared examination and is on track for grant. Receiving an NOA is a positive development. The NOA means your patent application is allowed and the […]

A Special Kind of Trademark Violation “Reverse passing off” is a form of unfair competition where someone sells another company’s product under their own name or brand. Unlike ordinary “passing off” (or palming off), which involves misrepresenting your goods as someone else’s, reverse passing off occurs when a party misrepresents someone else’s goods or services […]

A Crucial First Step in Protecting Innovation An invention disclosure is often the first step in protecting an invention and transforming it into a commercial asset. It is a document drafted to capture the invention for review by the company employing the inventor(s), patent counsel, or other parties that will consider the merits of the […]

A Guide for Business Owners and Inventors Obtaining a utility patent in the United States grants you exclusive rights over your invention. A utility patent, one of three types alongside design and plant patents, protects any “new and useful process, machine, manufacture, or composition of matter” that you invent. In practice, the patenting process is […]

Protecting Your Unregistered Marks in U.S. Business Common law trademark rights are an important aspect of U.S. trademark law that every business owner should understand. In the United States, trademark rights can arise automatically from the actual use of a name, logo, or other distinctive identifier in commerce, without any formal registration. These unregistered or […]

Protection of Ornamental Aspects of a Design The United States patent system includes design patents, which protect the unique way that a product looks (its ornamental appearance), rather than how it works. In simple terms, a design patent safeguards the visual design of an item, such as the shape, surface ornamentation, and overall look. A […]

How Your Patents Protect Your Intellectual Property Patents provide exclusive intellectual property rights over inventions. Under U.S. federal law, a granted United States patent confers the patent owner “the right to exclude others from making, using, offering for sale, selling, or importing” the patented invention in the U.S. If anyone other than the patent holder […]