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 […]

What is 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 matter […]

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 […]

What is a Trademark Specimen? Prior to applying for a trademark or service mark registration, it is crucial to understand the specimen requirements set forth by the United States Patent and Trademark Office (USPTO).  A trademark specimen of use is evidence demonstrating the actual use of a trademark or service mark in commerce concerning the […]

What Constitutes Non-Analogous Art? Obviousness under US Patent Law An invention must be non-obvious when compared to related prior art. Specifically, under 35 U.S.C. § 103, an invention cannot be patented if the differences between the claimed invention and the prior art are such that the invention as a whole would have been obvious at […]

Care should be taken in the New Product and Concept Development Introducing new product ideas and services is the life blood of many businesses. There are numerous steps along the path to a developing a new product vision. For instance, a product idea must be evaluated for its technical feasibility, manufacturing costs, and potential profit […]

The Effects of Restriction Requirements in Design Patents: Prosecution History Estoppel and Design Patent Infringement US patent law provides for exclusive rights in an original ornamental design through issuance of a design patent. The primary focus of a design patent is not the functional features of a product but rather its ornamental features. The "claimed […]