Category: Patents

Definition of a Patent

“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” – 35 USC, Section 101

Definition of an Inventor

“The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” – 35 USC, Section 100

Patent Rights

A patent gives the patent owner the right to exclude others from making, using, selling, offering for sale, or importing a patented invention for the term of the patent. It does not give the patent owner the exclusive right to make the invention (the invention may be an improvement of another invention, therefore, making it might be affected by another invention).

Term of a Patent

The term of a patent (validity period) is twenty (20) years from the date the application is filed.

 

More on how we can help your business secure your intellectual property!

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols: names, images, and designs used in commerce.

IP is divided into two categories:

  1. Industrial property, which includes…
    1. inventions (patents),
    2. trademarks,
    3. industrial designs, and
    4. geographic indications of source;
  2. Copyright, which includes…
    1. literary and artistic works, such as
      1. novels,
      2. poems,
      3. plays,
      4. films,
      5. musical works,
      6. artistic works, such as
        1. drawings,
        2. paintings,
        3. photographs and
        4. sculptures,
    2. architectural designs.

Think of intellectual property as the “sword and shield” against your business competitors. By registering your intellectual property, you’re ensuring your “enemies” cannot take your weapons from you or copy your weapon technology.

 

More on how we can help your business secure your intellectual property!

Yesterday the Supreme Court made it easier for patent litigation winners to obtain their attorney fees from the losing party in “exceptional” cases.

Although there are standards to be met, the Supreme Court has, in overturning the Federal Circuit, given more power to both plaintiffs and defendants when there is misconduct by either party during the litigation, regardless of whether it is sanctionable.  The Supreme Court has stated that a case with merit-less claims or (rather than “and”) brought in subjective bad faith, may warrant an attorney fees award. Ocean Fitness v. Icon Health.

 

昨天最高法院推进了一项法例,在特殊专利诉讼中,获胜方可以从败诉方获得律师费。尽管条例标准即将出台,最高法院已经赋予原告和被告更多权力,当在诉讼中他们中的一方因另一方的不端行(无论是否该受到制裁)而受损害时。最高法院已经表明在案件中,其中一方无价值的陈述或着带入主观错误观点,可能会奖励另一方律师费。