While fee shifting may be helpful in solving some of the abusive patent litigation practices that are out there now, this can only be useful if a patent litigation cases are taken the distance. In other words, fee shifting principle only applies if the defendant decides to see the case through to its conclusion and only if the defendant actually wins the case.
Widerman Malek Law Blog
Patent Protection Doesn’t Mean Freedom to Operate
By: Dan Pierron I’ve recently had several discussions with a client whose primary concern was his ability to make and sell his product, as well as to prevent others from stopping him from making and selling his product. His concerns, while seemingly simple and certainly reasonable, are actually quite nuanced in their meaning and requiring […]
Patent and Trademark Office Closed on March 3, 2014
USPTO Closed on March 3, 2014 due to weather.
PPH: Timing Is Everything
Generally speaking, the various Patent Prosecution Highway (PPH) programs in which the United States has participated since 2006 have all allowed patent applicants to use successful examination of a patent application in one jurisdiction to expedite examination of a related application in another jurisdiction. However, despite improvements in usability after years of pilots, the rules […]
Can I Patent My Food Recipe?
Family restaurant recipes are often kept secrets to protect their livelihood and fend off competition, but it is rare for restaurants or individuals to claim patents for their food recipes. Why is that? The reason is it is simply too hard to prove a recipe is new and never invented before. I mean how many […]
The Importance of Filing for Both Utility and Design Patents
While watching Shark Tank Season Five, Episode 10, I was reminded of the importance of filing for both a design and utility patent. The show aired a young family looking to gain financial backing to expand their growing lunchbox business. The couple started Yubo, an environmentally friendly customized lunchbox company. The beauty of their design […]
Traps to Avoid When Negotiating Royalties
Royalties are a wonderful way for inventors to collect payment for the use of their inventions. Any time a song is played on the radio the song composer receives a royalty for their work. Any time an artist’s drawing is replicated the artist receives a royalty and any time an author’s published work is reprinted, […]
Pre-Issuance Submissions – To Submit or Not Submit?
By: Dan Pierron Included in the changes with the AIA was the ability for third parties, those not under a duty to disclose prior art to the patent office for a given pending application, to submit prior art. There have been numerous articles about the particularities of the statute, which need to be read and understood […]
Patent: A Tool, Not A Business
A patent in the United States grants an inventor the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention in this country. Such a right to exclude competitors can be a useful business tool. But too many inventors, in my opinion, delay the birthing of an invention-centric business […]
