Patents and patent applications are personal property. Applications for patent, patents, or any interest therein, are assignable in law by an instrument in writing. Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application…
A patent owner is given a period of protection of its exclusive rights in return for publishing the patent to the public for further improvements. Patent rights last only for a limited period of time, and the right to sue other parties for infringing on the patent is based on this period. Thus, inventors and…
There are four types of U.S. national applications: a PCT national stage application, a regular domestic national application, a provisional application, and an international design application under the Hague Agreement. A PCT “International” Phase Application needs to be completed with 12 months from the priority date which is the filing date of a parent application.…
Patent Application Locating and Monitoring (PALM) System The PALM system is the automated data management system as an intranet used by the United States Patent and Trademark Office (USPTO) for the retrieval and/or online updating of the computer record of each patent application. The PALM System also maintains examiner time, activity, and docket records, and…
The most common rejections in a patent application include so called a novelty rejection under 35 U.S.C. § 102, an obviousness rejection under 35 U.S.C. § 103, and indefiniteness rejection under 35 U.S.C. § 112. You may say that if a patent application pass two tests (novelty and obviousness tests), your patent application would be…
Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications have a duty to disclose to the U.S. Patent and Trademark Office (USPTO) all known prior art or other information that may be “material” in determining patentability. In U.S.…
Patent maintenance fees are required to keep in force all utility and reissue utility patents. Maintenance fees are not required for a design or plant patent, or for statutory invention registrations. You may pay without surcharge at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years after the date of patent…
When it comes to professional services in the United States, competition would be most likely next to none compared to other advanced countries. Hiring professionals in the field of Intellectual property would be no exception. Like other professionals in medical and financial services, performance and results would significantly vary depending on who to hire since…
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered. A trademark assignment is the transfer of an owner’s property rights in a given mark or marks. Such transfers may occur on their…
A trademark is published for opposition after the USPTO determines that your trademark application complies with all applicable laws, rules, and regulations. Approximately 3-4 months after your trademark application is filed, a trademark examining attorney will review it. If the examining attorney concludes that your application meets all legal requirements, it will approve your trademark…