Insights

Connecting executives, investors, purchasers, sellers and business owners to a wealth of information, insights, and learning resources focused on intellectual property.
 
Avoiding Invention Disclosure Landmines: Why a Prior-Art Search Isn’t Always the Best Answer

Avoiding Invention Disclosure Landmines: Why a Prior-Art Search Isn’t Always the Best Answer

Many inventors do not understand a very basic prerequisite to getting a patent: the duty to fully disclose to the United States Patent and Trademark Office (USPTO) how to make and use the inventor’s invention. The rationale for this requirement is deeply embedded in the U.S. Constitution—through amplifying statutes and case law—the implication of which is this: “You (the inventor) tell us what you know and we (‘the people,’ more specifically, the government) will give you exclusive rights to your invention for a certain duration.”

U.S. Patent and Trademark Office 37 CFR Rule 1.56: How Should Patent Applicants Approach Compliance?

U.S. Patent and Trademark Office 37 CFR Rule 1.56: How Should Patent Applicants Approach Compliance?

All companies should be aware of the Rule and determine at an early stage how inventors should be educated regarding compliance. Often, companies and their patent counsel train inventors to avoid attempting to perform prior art searches or compare their inventions to “what is out there.” This is prudent for a couple reasons.

Where is the Value in Intellectual Property?

Where is the Value in Intellectual Property?

Whether a company is a start-up or a large enterprise, there are a few basic truisms in running a successful business. Controlling costs and recognizing returns on investments are high on that list. Running a business, be it large or small, is a balance of risks and...

Intellectual Property: Pareto’s Enabler of Space

Intellectual Property: Pareto’s Enabler of Space

Space is rapidly commercializing. In commercial markets, the protection of intellectual property is key to establishing and maintaining a competitive advantage. As space is increasingly reliant on computer-based systems, software protection has become a foremost concern. While copyrights have long been associated with the protection of software, copyrights alone fail to protect the functional aspects of code. Patents must be considered and utilized in conjunction with copyrights to provide companies with a defensible competitive advantage.

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