ContactObvious Inventions
Posted Friday, July 17, 2009 by Katie Long.
Have you ever heard someone’s new idea and thought to yourself, “That is so obvious! Why didn’t I think of that?!” Sometimes the best inventions are ones which are so obvious that we kick ourselves for not thinking of them ourselves. On the other hand, the actual inventors of such inventions are sometimes kicking themselves as well…but for different reasons. In order for a new invention to be patentable, the invention must be not only novel, but must also be non-obvious. This fact is hard to swallow if you have just invented some new, useful item that is highly marketable but not such a significant advance as to warrant patent protection. While an invention may not be eligible for patent protection, a brand used in sales of the invention may be eligible for trademark protection. And, through the use of clever and strategic branding, inventors can become leaders in the market by becoming a desired source for the invention, even if that invention is also sold by others.
More on Design Patents
Posted Thursday, July 16, 2009 by Jim Ruttler.
A design patent is a special type of patent that protects ornamental designs of existing articles of manufacture. In other words, design patents protect the shape, ornamentation, or surface indicia of a product. For example, design patents would be appropriate for unique tire tread designs, bottle shapes, handbag shapes, and even computer mouse shapes. Once obtained, a design patent protects against the making, using, selling, and importing of similarly designed products.
There are few limitations to design patents. First, the design must obviously be new and cannot just be a minor modification to existing designs. Second, the design cannot be primarily functional. Third, design patents only protect the design of a product and not its underlying functionality.
A design patent can also be obtained in conjunction with a trademark registration, which can also be secured for unique product shapes. There are some differences between design patents and trademark registrations, but they can nicely overlap to enhance the protection of a unique product shape.
Informal Interviews
Posted Tuesday, July 07, 2009 by Jim Ruttler.
Patent examination is typically carried out entirely in writing. While this is the textbook method of examination, I’ve found a bit more success with reducing the time and expense of examination by calling the examining attorney directly to supplement a written response.
Patent examiners are typically very responsive to phone calls. Often, they will surprisingly pick up the phone when called or, at a minimum, return calls within one or two business days. Accordingly, I typically get on the phone early in examination to introduce myself to examiners and get a feel for how reasonable they will be to work with and call the examiner after a written response has been filed. While some examiners are reluctant to speak without a formal interview request or have poor communication skills, many examiners are comfortable talking about the claims and the references and any possible amendments that could be made for allowance during such calls. Furthermore, once a relationship is established, I’ve found that examiners will go out of their way to get in touch and to communicate their thoughts and any rejections that they feel are required.
Thus, direct oral communication with examiners is a tool that can be used to supplement the written format of examination and should be attempted because of its potential for decreasing the time and expense of examination and focusing on the subject matter that the examiner feels is allowable.
When to Contact a Trademark Attorney
Posted Wednesday, July 01, 2009 by Katie Long.
It is highly advisable to contact a trademark attorney when you first begin the brainstorming process of your new service or product. Because branding is pivotal to the marketing of a new product, it is important for companies to conduct a search of their potential trademark before expending large sums of money on marketing, advertising, and creating the company identity. A common mistake that companies new to the trademark world make, is beginning their marketing and identity launch prior to conducting a thorough trademark search. The failure to conduct this search can result in any one or more of several unfortunate outcomes. For example, your newly created trademark may be unregisterable due to another company having already registered the mark for the same or similar product. Using a trademark registered by another entity could result in cease and desist letters commanding you to stop using your new mark. Even worse, the use of a previously registered mark could result in an infringement lawsuit being commenced against your company. Litigation is time consuming, costly, emotionally taxing, and uncertain. All of these negative outcomes can be easily avoided by conducting a trademark search BEFORE marketing your product. You can pay an attorney to conduct the search, or conduct the search yourself by using the USPTO website. www.upsto.gov.
Multiple Inventors
Posted Thursday, June 25, 2009 by Jim Ruttler.
Whenever there are multiple inventors on a patent application, it is advisable to have those inventors assign their interests in the patent application to a company with an operating agreement indicating asset ownership rights. This practice can prevent one inventor from selling or licensing the patent application or patent without permission from the other inventors.
It is also a good idea to secure agreements beforehand with all employees, contractors, and partners to assign inventorship rights in any later developed invention. This can address the situation where an employee or partner has the potential to invent subject matter and later refuse to transfer ownership rights in that subject matter.
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