It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.
Widerman Malek Law Blog
Can An Ex-Spouse Interfere with Corporation’s Right to Sue for Infringement
Each state has its own unique set of marital property laws in place to govern divorce settlements. A state will either follow separate property or community property laws. In separate property states such as Florida, property acquired during the marriage by one spouse remains that spouse’s property upon divorce, whereas in community property states all […]
Getting A Refund From The Patent Office If You Are Now A Small Entity
By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office. The first article introduced the new micro-entity status. The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]
I’ve posted an App to the App Store without filing a patent application…Can I still Protect it?
The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]
What Happens If You Claim The Wrong Entity Status In The Patent Office?
By: Mark R. Malek In my last article, I outlined the new filing status in the Patent Office that can save inventors even more money in the patent process – that of the micro-entity. As you may recall from that article, when filing a patent application (and throughout the patent prosecution process), you must pay […]
Patent Office Fees – The Micro Entity
By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013. The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later). One thing that […]
Can I obtain patent protection for my mobile application?
By: K. Olinga Mitchell Yes. It is certainly possible to obtain patent protection for applications written for mobile devices. Patent protection extends to software in the United States of America. Whether or not you should attempt to acquire patent protection is a business decision. A patent will protect your idea from potential competitors however this […]
Markman and Graver Tank Reshape Patent Infringement Cases
Judges preceding over patent infringement cases, have a very difficult job to do. They must define the scope of the patent protection over an invention and determine whether a company or individual violated that patent. This is easier said than done. Patent language is not cut and dry. The language leaves much room for interpretation. […]
Amending A Patent Application After Allowance
By: Mark R. Malek As has often been the case with some of my articles in the past, I like to introduce little practice tips as something interesting happens in my day to day life of prosecuting patent applications here at Widerman & Malek. I recently received a call from an Examiner on a case […]
