1. Amazon patents blur human-robot lines

    Amazon’s recent success in obtaining two U.S. patents (9,881,276 and 9,881,277) for wristbands, capable of controlling employees’ hands and directing their actions, has raised fundamental legal and even constitutional questions about government authority to authorize and enforce inventions. Thus, potentially redefining the relationship between humans and technology by effectively treating peop…Read More

  2. Homemade Inventions Deserve Patents, Too

    In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or process may also be worthy of patent protection. A patentable device …Read More

  3. Patenting Software/Mobile Application

    As of 2017, there are about 2.8 million of mobile applications on Google Play, and 2.2 million on Apple App Store according to Statista (https://www.statista.com/statistics/276623/number-of-apps-available-in-leading-app-stores/).  There is no doubt that the number will keep increasing in the following decades, and software developers who want to try to apply patent for their mobile apps will incr…Read More

  4. Maintaining Your Patent Right, Trademark Right and Copyright

    Patent, trademark and copyright are all part of intellectual property right.  However, the way to obtain and maintain these rights differs from each other.  Because many clients have been confused by it, I think it would be helpful to provide a quick summary about their differences. Obtaining the Right To obtain a trademark right, the mark owner must use the trademark in commerce.  Once the own…Read More

  5. A Product Not on the Market Does Not Mean It Is Patentable for Certain

    Many people are convinced that they will receive patent for their product simply because currently no one has made and sold the same product on the market.  Unfortunately, that’s not always the case.  While it may be a good indication that a product is novel if no one else is making/selling it, it is not a guarantee that the product will be able to obtain a patent.  The Patent Office generall…Read More

  6. Patenting an Incomplete Invention – Keep in Mind the Enablement Requirement

    Sometimes it may be oversimplified to tell an inventor that his or her invention can be patented before it is complete, because this may cause the inventor to try to apply for patent too early.  While an inventor is not required to fully complete his or her invention before trying to apply for patent protection, the inventor should not file a patent application (specifically the nonprovisional ut…Read More

  7. I need to add new information to a patent application I filed a while ago, how do I do that?

    Under U.S. Patent Law, and pretty much everywhere else, you cannot add or change anything to a filed application that is not supported by the original application.  If the new information is not being disclosed in the original application and you try to amend your specification to include it, the Patent Examiner will reject it as “new matter.”  The best way to resolve this issue is to file a…Read More

  8. Kylie and Kendall Jenner Don’t Know Wrong from Rights

    Earlier this year, Kylie Jenner tried to register a U.S. trademark for “Kylie” as a brand for her celebrity and her branded goods.  For some reason, she or her legal counsel neglected to first find out if that name/brand was available for trademark registration in the trademark classes Kylie sought.  It wasn't. As early as 2006, several “Kylie” registrations had been obtained by supersta…Read More

  9. “The Slants” Win the Supreme Court Battle Against the Patent and Trademark Office

    Seven years ago, the Asian-American Rock Band from Oregon started an application to register their name, “The Slants” as a Trademark. The USPTO, who didn’t seem to appreciate the irony of this name rejected the registration based on the Lanham Act. According to the national office, an Asian-American Band using “The Slants” to identify themselves is Racially disparaging to the Asian commu…Read More

  10. Duty to Disclose Information Material to Patentability

    Under U.S. Patent Law, and very much to Patent Law in other countries as well, Patent Applicants have the duty to disclose all information that is material to the patentability of their Patent Applications. This mandatory disclosure is generally done by submitting Information Disclosure Statement (IDS) form to the Patent Office. Most of the time, information material to Patentability are referring…Read More