inventor

Protecting Your Patents around the Globe

by Adam Philipp on December 27, 2016

 

Protect your patents:

a single application

may be the best choice


source:  http://www.publicdomainpictures.net/view-image.php?image=101725&picture=globe

If you have an invention that will be sold and used around the world, you should strongly consider protecting your patent rights all around the globe.

Unfortunately, there’s no such thing as “one-stop shopping” when it comes to patent protection. You’ll have to file in each country, each with its own fees and procedures.

(Europe is in the slowwwwww process of creating a Europe-wide patent. After being discussed for more than 40 years, a unitary patent for Europe may finally be available in 2017… or not…)

The good news is that you can use the “International Patent Application.”

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"On-Sale" Bar Doesn’t Apply to Sales to Inventor

by Adam Philipp on November 23, 2016

"On-Sale" bar can stop

a patent being issued —

but what is a "sale"?


source:  https://pixabay.com/en/discount-sale-shopping-149600/

The "on-sale bar" is a limitation on the patentability of an invention under 35 U.S. Code § 102, which says:

A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;

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Employment contract

Doesn’t prevent inventor

assigning patents

image
Illustrative photo. By Tetra Pak – http://www.flickr.com/photos/tetrapak/5956902625/, CC BY-SA 2.0,
https://commons.wikimedia.org/w/index.php?curid=17693114

It’s very common for an employment agreement to include an "invention assignment." (This can also be a stand-alone agreement or combined with an NDA.)

An invention assignment, which might also be called an intellectual property (IP) assignment, assigns the ownership of any invention or other intellectual property created by the employee to the employer.

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Federal Circuit:

Co-inventors must be named,

added to patents

image 
By Fletcher6 – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=9420546

The Federal Circuit recently ruled that all co-inventors must be named on issued patents, even when their contributions to an invention are minimal.

The case, Vapor Point LLC v. Moorhead, involved patents for the removal of volatile fuel vapors from storage tanks used in the oil and gas industry.

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Micro Inventors Will Save On Patents

by Adam Philipp on July 18, 2012

USPTO
Invites public comments on
MICRO STATUS RULES

The US Patent and Trademark Office (USPTO) has released proposed rules for micro entity status under the America Invents Act (AIA). 

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