1. 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

  2. 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

  3. Got Rights? A Jenner or Kardashian Will Probably Infringe Them

    I really thought I wouldn’t be writing about this again. I thought that Kylie Jenner and her sisters would hire and listen to knowledgeable and competent trademark and copyright attorneys for their future business endeavors, after: Kylie Jenner infringed several of multi-platinum singer Kylie Minogue's trademarks; and, then she and her sister, Kendal Jenner, infringed copyrights and rights of pu…Read More

  4. Your Trademark Can Become Useless If You Can’t Prove Use

    A U.S. trademark registration must be maintained every five years, and renewed every ten, to keep it active and enforceable.  A component of this is the trademark owner filing an affidavit with the Trademark Office, stating the trademark owner is still using the mark in connection with the goods and services in the registration.  The affidavit had to be accompanied by a current specimen showing …Read More

  5. 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

  6. “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

  7. 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

  8. What is an Office Action? Can I respond to the Office Action myself?

    If you receive something called “Office Action” from U.S. Patent and Trademark Office (USPTO) after you filed a trademark or a patent application, it generally refers to a communication (document) from a trademark or patent examiner stating why your application is rejected or refused. For example, if you receive an Office Action for a trademark application, the Office Action likely will state …Read More

  9. Beyonce Filed Application to Register Blue Ivy Carter’s Name with USPTO

    Beyoncé has filed an application to register her 5-year old daughter Blue Ivy Carter’s name with the U.S. Patent and Trademark Office (“USPTO”) for use on everything from hair care to clothing, mobile devices and video games, among a number of other classes of goods. In 2012, shortly after Blue Ivy’s birth, Beyoncé and husband Jay-Z filed to register “Blue Ivy Carter” with the USPTO …Read More

  10. What is an Office Action? Can I respond to the Office Action myself?

    If you receive something called “Office Action” from U.S. Patent and Trademark Office (USPTO) after you filed a trademark or a patent application, it generally refers to a communication (document) from a trademark or patent examiner stating why your application is rejected or refused.  For example, if you receive an Office Action for a trademark application, the Office Action likely will stat…Read More