Markman v. Westview Instruments, Inc. (1996) and Graver Tank & Manufacturing Co. v. Linde Air Products Co. (1950) are major patent infringement cases decided by the US Supreme Court. Markman removed the jury’s responsibility for interpreting key terms in a patent, while Graver created two methods for deciding patent infringement. Inventions can be devices or […]
Patent rights are granted by national governments to inventors who prove their invention is novel, useful, industrially applicable, and non-obvious. The rights allow the inventor to exclude others from using the invention without permission, but do not give the inventor the right to use it freely. The patent can expire after 20 years and is […]
Patent infringement is the unauthorized use, sale, or disposal of a patented product or process. The patent holder can sue for damages and ask the court to stop the unauthorized use. Willful infringement can result in higher damages, but defendants can argue patent validity or lack of knowledge. Indirect infringement and patent claims can also […]
A software patent grants ownership over the process used to operate a machine that uses software to achieve a task. There is controversy over the legitimacy of these patents, as software is also protected by copyright law. A software patent is a legal patent relating to a device or machine that uses software in a […]
Patent paralegals handle administrative tasks associated with patent applications, including organizing paperwork, conducting research, and acting as a point of contact between clients, attorneys, and the patent office. They receive exclusive training and can earn more than other paralegals. A patent paralegal handles the administrative tasks associated with the patent application process. It can take […]
A patent protects intellectual property of original works and inventions. Each country determines its own patent process and there are three basic forms in the US: utility, design, and plant. Business process patents are rare. Patent infringement is dealt with through the justice system. A patent is a device used to protect the intellectual property […]
Patent engineers help businesses and individuals understand and fulfill patent application requirements, evaluating new designs and inventions for unique properties and characteristics. Technical writing, reasoning, and logic skills are required, and a degree in science or engineering is preferred. Salaries vary based on location and experience. Those with a patent engineering career primarily help businesses […]
Design patent infringement laws protect unique designs from imitation and allow patent holders to block the importation of infringing goods. Design patents protect the appearance of a product and are granted for novel ornamental designs. Infringement can occur through copying, non-commercial use, or importing. Design patents last for a limited time, after which copying is […]
Patent valuation can be done through accounting or adaptable approaches, but the latter is more practical. Patents’ worth is based on their potential use and probability of infringement. Patent valuation is crucial as companies shift to intellectual property-based profit schemes. The limitations of accounting principles include the lack of a clear competitive market or target […]
Patents protect inventions from infringement, and inventors can negotiate licenses for others to make, distribute, and sell their products. Licensing agreements vary by country and can be exclusive or non-exclusive, with performance obligations and royalty payments. Inventors may prefer lump sum payments instead of royalties. A patent protects an invention against infringement: anyone other than […]
A patent agent is a qualified person who prepares and files patent applications, negotiates patent agreements, and manages a client’s patent portfolio. They may also be involved in related areas such as IP, trademarks, and licensing. They can use the USPTO’s electronic patent filing system and may work with developers, business staff, and patent attorneys. […]
A patent secretary assists lawyers and patent agents with legal actions related to patents, including organizing licenses and dealing with disputes. Writing, organizational, and communication skills are important, and relevant training and experience are necessary for the job. A patent secretary is a type of legal assistant who works with lawyers and patent agents to […]
