The first US Patent Act was passed in 1790, yet in 2017 the Supreme Court is still issuing foundation-altering decisions. Recently two separate cases altered long standing legal principles. First, in SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC, et al., the Court ruled that laches may no longer be used … Continued
Maybe Not. In May, 2015, Apple was awarded $399 million dollars in a judgment against Samsung for infringement of three design patents. The amount of the award was 100% of the profits Samsung obtained through its sales of the infringing smartphones. The design patents generally covered the shape of the original iPhone and its user … Continued
One of the essential elements of a patentable invention is novelty. Consequently, disclosure of your invention to others may severely restrict, and can completely eliminate, your ability to claim patent protection in the United States and elsewhere. There are many factors that must be considered in determining whether a disclosure is of a type that … Continued
Inventors frequently file provisional patent applications prior to the regular filing, but why? What exactly happens to a provisional application and what value does it provide? A provisional patent application will not mature into a patent. In fact, it’s highly unlikely that anyone at the United State Patent and Trademark Office (USPTO) will even look … Continued
The U.S. Patent Office looks askance at claims for certain notorious inventions. Claims of anti-gravity engines and time machines automatically provoke skepticism. In fact, claims like those provoke official skepticism. Under the law and regulations in the United States, the inventor must claim utility for the invention, and further must teach how to use the … Continued
