One of the requirements for obtaining a patent on an invention is that the invention must be non-obvious. See 35 § USC 103. Over the past 100 years, the standard for obviousness has changed significantly. What has not changed is that the obviousness…
When you file a trademark application with the U.S. Patent and Trademark Office (USPTO), a trademark examining attorney will perform a search to determine, among other things, whether or not your mark is likely be confused with that of another…
An accused patent infringer can face enhanced damages of up to three times actual damages if the accused infringer is found to have willfully infringed a patent. 35 U.S.C. § 284. In litigation, both parties should consider whether an accused…
In the digital age we have so much access to information and technology it can often be overwhelming. As an entrepreneur it is easier than ever to get your ideas out there, but what exactly do you need to know…
In trademark law, certain words can be difficult to protect. The United States Trademark Office (referred to in this article as “Trademark Office”) requires that a trademark holder disclaim the “exclusive” right to use unregisterable portions of a trademark or…
DECISIONS, DECISIONS – OPTIONS FOR RESPONDING TO A USPTO FINAL OFFICE ACTION When an applicant receives a “Final Office Action”, the applicant has several options for responding. Below is a brief explanation of each option. Option 1. File a Notice of…
Prosecution History Estoppel: The Powerful Effect
