Should I have a patent infringement search conducted for a simple product?
What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a…
The Largest Free Patent and Trademark Q&A Resource: 560+ Posts on IP
Is an expired patent still relevant?
Can an expired patent still be prior art against a pending application? Yes, an expired patent is still prior art. Prior art has nothing to…
What does patent pending mean? Can you share your idea?
Should I share my idea before applying for a patent? It’s almost never to your benefit to disclose your concept before filing a patent application. By…
How to Avoid Patent Infringement
How can you avoid infringing a utility patent? When it comes to utility patents, would a slight product modification avoid patent infringement? How would you…
What is a trademark Notice of Publication (published for opposition)?
What is a trademark Notice of Publication? A Notice of Publication in a trademark application is good news for the applicant. It means that the…
What is a trademark disclaimer and when do you need it?
What is a trademark disclaimer? Sometimes a trademark may include one or more words regarded as merely descriptive or generic when viewed in connection with…
Joint Development Agreement: What are key issues and terms to negotiate in a JDA?
What is a joint development agreement? A joint development agreement (JDA) sets the terms for two or more parties working together to develop a particular product…
What is joint ownership of a patent?
Each co-owner of a jointly held patent can make, use, sell and license the patented invention. Licensing is the main concern with a jointly owned…
What are parent and child patent applications?
What are parent and child applications? In the patent world, parent and child applications may be relevant when continuing applications are involved. A parent application…
What Should Be Discussed During a TTAB Discovery Conference?
What subjects should be covered during a TTAB Discovery Conference? In a TTAB trademark opposition or cancellation proceeding, attorneys for both sides must conduct a mandatory…
What is a new use patent or intended use claim language?
Can you patent a new use of an old product? Yes, it is possible to patent a new use of an old product. That’s the…
What is a trademark filing basis?
Use vs. Intent-To-Use A trademark application filed with the USPTO must designate at least one filing basis. For most American applicants, the choice boils down…
Madrid Protocol trademark application vs. Conventional Priority: Which is less expensive?
How much does a Madrid Protocol trademark application cost? The Madrid Protocol can be a cost-effective way for trademark owners to obtain international registration through a centralized system,…
Can US trademark registrations under the Madrid Protocol be canceled for non-use?
Can a US trademark registration based on the Madrid Protocol be canceled? Not every trademark registered with the USPTO had to have been used in US…
How To Get Foreign Design Patent Protection
How do you obtain foreign design patent protection? If you are considering foreign design patents, first check to make sure your invention is eligible for…
