Free Legal Advices

May
15

If you’re a budding Thomas Edison, then you will be well aware of the importance of knowing how to obtain a patent for the invention that will make you millions.

A patent will give you full property rights to your invention. Basically this means that you will have full control of the invention, excluding anyone else from using or marketing your designs. Clearly it is a crucial step that must be done correctly.

Patents are issued by Patents and Trademark Office and come in three categories:

1. Plant patent

For those who discover a new variety of plant.

May
7

In its KSR VS Teleflex decision, the Supreme Court acknowledged that nearly all innovations rely upon building blocks discovered long ago but ruled that patentability requires more than predictable combinations of prior art. The court opined that if a prior art combination merely yields results expected by those of ordinarily skill in the art, then the combination is not deserving of a patent - even if innovative. Furthermore, disqualifying prior art can come from any field - and reviews of prior art elements require consideration of “functionality.” The “Teaching, Suggestion, or Motivation” test for obviousness was further constrained when the Federal Circuit was chided for stating “obvious to try” is not the same as Sec. 103 obviousness.

May
2

Patents are most comprehensive and well documented technological and competitive information source. The most important is that it freely accessible through internet. Studies of technological change constitute a field of growing importance and sophistication. Just as it does in scientific papers, citation plays an important role in the patents field. The inventor uses it to indicate the stage of technology previously reached, upon which his invention improves. However, a patent examiner may find patents that could counter-indicate granting of a patent and ‘oppose’ the application. These citations are usually included in databases under ‘Referenced Patents ‘or ‘Referenced Literature’.

May
1

Non-patent literature search is of great importance in the IP domain. Patentability search of any new invention is very crucial and can be achieved by both patent s and non-patent literature search. As far as, my knowledge the patents database is only domain set which is highly organized and easy to access either through free databases or commercial databases. But, the non-patent information such as journals, research publication and disclosures, thesis, etc. are scattered all over the web. There are few databases and vendors which have a good collection of this information and have tried to organize them in easy to access manner. But there are still big whit spaces for further improvements.

Apr
29

It is deja vu all over again, as the Supreme Court once again has agreed to review a controversial patent ruling of the Federal Circuit Court of Appeals. The issue this time: whether a patent owner’s rights were exhausted by a license agreement and subsequent sale of product pursuant to the license.

With the Supreme Court’s 2007 decisions in KSR v. Teleflex and MedImmune v. Genentech and its 2006 decision in eBay v. MercExchange, it has reshaped the landscape of patent law by rejecting the views of the Federal Circuit - the very court that was established to help bring uniformity to patent law. Now the nation’s highest court has an opportunity to do that again.

Apr
28

A patent is a right granted to an individual or group (such as a company) which permits the grantee the knack to avoid others from making, using, or selling the invention, for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

Patents by their techno-legal nature are written in a specific format, thus enabling it difficult to read and understand by a lay man. The focus of this paper is to provide very basic information of a patent document, so that a lay man can easily understand a patent.

Apr
25

Patent prosecution is the term used to describe the patent application process from the point in time that the Patent Office, through an examiner, begins working on the application that is filed by the inventor or an attorney representing the inventor. Below is a description of how the process works for a United States national application. It is important to remember, however, the difference between a national (or domestic) application and a international application that is filed pursuant to the protocls established by the Patent Cooperation Treaty. An international application can be filed in the United States provided that at least one inventor is a US national or resident of the United States. International applications moving through the US Patent Office do not follow the process described below, although once the international application does enter what is called the national stage the process will be much the same.

Apr
24

There was no sustained indigenous intellectual property protection system in Chine for long. The People’s Republic of China (PRC) began to establish an intellectual property protection regime based on the Soviet model during the year 1949. In 1978, China adopted the open-door policy. The Patent Law of China was first promulgated on March 12, 1984. There are three types of patents: patents for inventions, utility models and designs.

The Article 5 of the Patent Law, no patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest. Also, no patent right shall be granted for any of the following:

Apr
22

In recent years, there has been an extensive boost in technological concepts related to electronics and electrical domain. Electronic engineering is a constantly changing and widening branch of technology. Electronics and semiconductor engineering is one of the largest and fastest growing industries. This growth has entailed a wide range of patent filing, all through. Electronics and semiconductors covers a wide range of applications we use daily, such as Television, Radio, computers, telecommunication etc, which make our life easier and enjoyable. It helps us see, hear and communicate over enormous distances and accomplish tasks faster.

Apr
21

Everybody is doing the patent search by his own approach. What is the best way to carryout patent search? Is it key word search or classification code search? People prefer mainly keywords for effective searching. Some people use classification codes also along with keywords for more precise patent search. For a keyword based patent search the selection of keyword is tough task. The patents are techno-legal documents and good patent attorneys draft patents using technical jargons to beguile competitors.