YOUR CONTACT INFORMATION BECOMES PUBLIC INFORMATION When you file a patent or trademark application, your mailing address becomes public information. For patents, your data becomes public when the patent application publishes, generally 18 months after filing. For trademark applications, they are published as soon as possible. YOUR PERSONAL INFORMATION IS NOT REQUIRED Fortunately, to file […]
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The patent search is an optional step prior to filing a patent application. The patent search attempts to find the most relevant prior art references in relation to the invention at issue. Based on the search results during the search stage, an opinion is rendered as to the patentability of the invention. The patent search may also referred to as a novelty search, comprehensive search and patentability opinion. During the search process, a patent attorney reviews the uncovered references and determines whether the invention is disclosed by the prior art. The issue is whether the invention is novel (i.e., new) with respect to the prior art references
After a patent is granted, the patentee may enforce the patent against alleged infringers. In response, a common defense to patent infringement is to say that the asserted claims of the patent are invalid as being not novel or that they are obvious in view of the prior art. Although validity of the patent is initially presumed, such presumption is
Under the America Invents Act, virtual patent marking is allowed. Products may be marked “patent” with a web address that maintains a list of products and patents. Also, false patent marking lawsuits are available to the government and those with a competitive injury.
Everyone “substantively involved” with the preparation, filing and prosecution of a patent application must disclose relevant information to the Patent Office. In the following case, the Court reviewed who might be included in the definition of “substantively involved.” The non-inventor president of a small closely held company was under the duty to disclose. He failed to disclose a sales presentation that occurred more than one year before the filing of the patent application. Court held: patent is unenforceable for inequitable conduct. Lean on the side of disclosure. When in doubt, disclose.