Monthly Archives: December 2012

What is undue experimentation?

One of the factors in determining patentability is whether undue experimentation would be required. What is that? In order for a patent disclosure to be deemed “enabling,” and satisfying the requirements of Section 112 of the patent law, the written … Continue reading

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Overcoming prior art rejections in your patent application

It’s an inventor’s worst nightmare: your unique, one-of-a-kind idea has already been invented and patented by someone else. You’ve invested time and money in reducing the invention to practice and filing a patent application, and you receive the bad news … Continue reading

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Trade Dress Series, Part 5: Ineffective trade dress claims

In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design patent. In Part 2, we took a closer look at trade dress and how to obtain this … Continue reading

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Trade Dress Series, Part 4: Successful claims

In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design patent. In Part 2, we took a closer look at trade dress and how to obtain this … Continue reading

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Trade Dress Series, Part 3: Consumer-recognizable product design features

In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design patent. In Part 2, we took a closer look at trade dress and how to obtain this … Continue reading

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Trade Dress Series, Part 2: Strategies to obtain trade dress protection

In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design patent. In this article, we will take a closer look at trade dress and how to obtain … Continue reading

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Trade Dress Series, Part 1: Product Designs – Choosing trade dress, copyright, or design patent protection

Trendsetting product designs are often the crown jewel of a company. Capturing the public’s attention – and pocketbooks – is an asset worth protecting. Luckily, companies have several tools in their intellectual property toolbox for protecting non-functional product designs: trade … Continue reading

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Saving on legal costs

Attorneys often encounter situations where a potential client has a shoestring budget but needs legal assistance in a matter. The question then arises: Can my matter be handled with limited scope representation? After learning about the situation and the client’s … Continue reading

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Negotiating an IP License to avoid future disputes

When negotiating a license agreement, it is important to specify the rights being acquired. This portion of the contract is called the grant clause, as it sets forth the extent of rights being transferred (granted) from the owner to the … Continue reading

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