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02/16/2009

Patent Attorney Discussion: What Rights Does a U.S. Patent Give to a Patent Holder?

Under United States law, a patent gives the patent owner the right to exclude others from making, using, offering for sale or selling the invention in the United States, or importing the invention into the United States.  Generally, a patent holder may seek monetary damages and sometimes injunctive relief in a federal court proceeding for patent infringement.  However, a patent does not give the patent holder the right to make, use, offer for sale, sell or import what his patent claims.  This may seem counter-intuitive – the patent holder does not necessarily have freedom to practice what his patent claims.  It is possible that practicing what the patent claims could infringe a different patent, such as a blocking patent.  Thus, the patent laws grant prevention rights but not proactive rights– to exclude others from practicing what the patent claims.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Attorney Discusses the Difference Between Patent Validity and Patent enforceability?

Patent validity and patent enforceability are often confused.  Patent validity refers to whether the patent meets the statutory requirements for patentability, enumerated in the Patent Laws, 35 U.S.C. § 101 et seq.  The Patent Laws specify the subject matter for which a patent may be obtained and the conditions for patentability.  For example, to be patentable, a claimed invention must be useful, novel and not obvious.  If claimed subject matter fails to meet any of the requirements for patentability, the patent is not valid.

Continue reading Patent Attorney Discusses the Difference Between Patent Validity and Patent enforceability? >>

Patent Attorneys Handling Patent Prosecution: How Can An Issued Patent be Invalid?

An issued patent is presumed to be valid.  The United States Patent and Trademark Office (USPTO) reviews a patent application for compliance with the statutory requirements of patentability when determining whether to allow the patent.  However, sometimes a patent issues that is later determined invalid, such as by a court during patent litigation.  For example, if during patent litigation, new prior art is uncovered that had not been considered by the USPTO during prosecution of that patent application, a court may determine that the patent is not valid in light of the new prior art.  Prior art may be a patent, publication, public use or offer for sale of the claimed subject matter that dated before the invention date of the subject matter claimed in the patent.

Specific statutory requirements of patentability include 35 U.S.C. §101 et seq.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Enforcement Attorney Discusses the Difference between Patent Infringement vs. Patent Invalidity

Patent infringement is the unauthorized making, using, offering for sale, or selling a patented invention within the United States, or importing a patented invention into the United States.  The patent claims determine the scope of what the patent covers.  Patent infringement is a two step inquiry: (1) what do the patent claims mean; and (2) comparison of the patent claims to the accused device.  The meaning of the patent claims is determined by the court in a claim construction or Markman proceeding.  Then the construed claims are compared to the accused device to determine whether the accused product infringes the patent.  Infringement occurs when every claim limitation of a patent claim is met literally, or by equivalents, by the accused device.

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Attorneys Handling Patent Portfolio Management in Times of Economic Crises

Even a year ago, budgets were bigger for pursuing patent protection for technologies.  In the face of current economic crises, organizations are using a more critical eye to scrutinize all areas of corporate expenses, including resources allocated for building a patent portfolio.  Companies with a long term view that recognizes patents as assets, rather than expenses, may have greater tolerance for budgeting money towards IP acquisition.  But, the bottom line is that most of America is cutting back, and as a result, faced with difficult trade-off decisions.

Continue reading Attorneys Handling Patent Portfolio Management in Times of Economic Crises >>
02/06/2009

Patent Attorneys - Infringement, Litigation, Assessment & Prosecution

Specializing In Patent & IP Issues: Traverse Legal has a registered patent attorney and/or patent agent available to assist you across a wide range of patent matters including: Patent Infringement; Due Diligence; Patent Litigation; Patent Right Enforcement; Patent Indemnity; Patent Prosecution; Patent Protection; Patent Validity and Patentability. Whether you are an inventor or company whose patent rights are being violated, a company looking to extend your intellectual property portfolio or you require a patent litigator, our lawyers can add experience and business judgment to your team.

 

KH - 97ET7624 Attorney Katie Horvath: "Traverse Legal's patent attorneys know patent law and pride themselves on advanced litigation techniques which are both cost-effective and budget oriented. When it comes to patent infringement, threat letters, litigation, assessment & prosecution, Traverse Legal has you covered.  When it comes to client service, there are very few firms that can match our capabilities. Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's patent and idea protection goals." View Katie's of-counsel profile here.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

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