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Trademark law is designed to protect the consumer goodwill which merchants develop through the use of trademarks and service marks. This goal is achieved by preventing would-be infringers from using similar marks which could confuse consumers into thinking that these goods or services originate from the original mark owner. A […]

Not all inventions are patentable. An invention must fall within one of four categories provided in the U.S. patent laws. These categories include: machines, articles of manufacture, composition of matter and processes. Also patentable are any improvements made upon these categories. As a result, laws of nature, mathematical formulas, and […]

Once the patent office grants a patent, the patentee may notify the public of the existence of the patent by adding the words “patented” or “U.S. Patent No.” along with the patent number, to be marked on the articles marketed or sold in conjunction with the patent. In the absence […]

Once an application has been filed, the owner of the application may use the words “PATENT PENDING”. While this language does not confer any substantive rights, it serves to put the public on notice of the pending application and is a deterrent to infringement. During the pendency of the patent […]

The inventor must realize that a patent must not be obtained if the invention was on sale or in public use in the U.S. or described in a publication anywhere in the world, more than one year prior to the filling of the application. If an inventor markets or sells […]

The inventor should consider commissioning a preliminary patentability search prior to applying for a patent. A search will provide information concerning whether the invention is patentably distinct from inventions already patented (“prior art”). While preliminary patentability search is not a prerequisite to filling a patent application, it is highly advisable […]