Patently-O has some interesting discussion regarding the ownership of a patent after a divorce. The case is Enovsys v. Nextel and stems from Sprint-Nextel’s appeal of a patent infringement verdict. As part of its argument, Sprint claimed that the plaintiff…
At last, the claims! The heart of the patent! Appropriately bringing this series of explanatory posts to an end, the claims conclude a patent. A patent can have one claim or many; generally, though, they’ve got 20 or less because…
Gregory Richardson, over at the Trademarks and Intellectual Property Weblog, has a number of good posts about trademark fundamentals. If you’re in need of trademark help or some TM explanations such as the differences between trade dress and a trademark,…
Next in my series of posts, a topic probably deceiving the pithy label recently given: the detailed description. This eponymous section of a patent actually needs more explanation than one might garner from its name alone: the detailed description goes beyond…
Continuing the post series explaining patents, we now address the drawing descriptions. The description of the drawings is just that. It refers to each drawing by number and explains what the drawing is. The description is brief – it isn’t…
Next up in the Patents Explained series: the summary section of the patent. The summary is similar to the background of the invention, and, in that same vein, some consider it extraneous and potentially damaging to the patent as a…
Ben Sheffner writes about the recent Viacom v. YouTube case, which he finds extremely disappointing in its dodging of the question of what, besides an official takedown notice, can require an online content provider to remove copyrighted material. Quick background:…
I was talking with a client about two weeks ago and explaining the benefits of a provisional application. I was telling him that a provisional application is place holder – it keeps your spot in line – but he had…
Today in the Explaining Patents series: the background and field of invention section. The background generally comprises two parts: an explanation of the field of invention and a description of the prior art. The Patent Office rules suggest that it…
Continuing the series of posts explaining the parts of a patent, today we move on the drawings. A drawing is required when it is necessary to understand the patent application. Most patent applications have drawings because drawings of the invention…