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 […]

Understanding Branding and Trademarks False designation of origin is a form of trademark unfair competition where a business misrepresents the source of its goods or services. In simple terms, it occurs when someone uses branding or descriptions that confuse consumers about who made a product or where it comes from. U.S. federal law (the Lanham […]

Objective Evidence in Patent Obviousness Analysis An invention must be nonobvious to qualify for a patent. This means a patent cannot be granted “if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious… to a person having ordinary skill in the […]

Key Differences in U.S. Intellectual Property Protection Two primary forms of intellectual property protection are trademark and copyright, each serving distinct purposes under U.S. intellectual property law. In essence, trademarks protect brand identity in commerce, while copyrights protect creative works and original expression. This article provides a clear comparison of trademark and copyright law in […]

Protecting Ornamental Design vs. Functional Features Design patents protect the ornamental design or visual characteristics of a tangible product, referred to as an “article of manufacture”. Essentially, design patents protect how the product looks. This is in contrast to utility patents, which protect new and useful inventions: how a product works or is used. In […]