When does a patent application require an inventor’s oath or declaration? Well, almost always. Only the inventor or inventors of an invention may file for a patent application claiming the inventive subject matter. “A person shall be entitled to a…
Trademarks are fundamentally about preventing confusion regarding the source of a product or service. Consumers who encounter two similar trademarks in the marketplace might mistakenly believe that the products come from the same source. This can allow one company to…
The US Patent and Trademark Office processes trademark applications in the order in which they are received. Before 2020, that led to wait time of about 3 months before an application would be substantively reviewed by a trademark Examiner. This…
I don’t write about current political events, but I’ve been pressured into writing this post because of its significance with respect to trademark law. Trademarks are fundamentally about protecting the public. Yes, trademarks can become valuable assets for big business,…
In October, the Patent and Trademark Office raised most of its patent-related fees. Now, the other side of the building is raising its fees on trademark actions. The changes will become effective January 2, 2021. As with patent fees, these…
The Patent Office has raised many of its fees. The Office attempted to soften this fee increase by explaining that it is the first raise in almost three years, it nevertheless comes in the midst of a pandemic where many…
Sometimes a prospective client calls in need of help prosecuting his or her patent application. Sometimes, the caller informs me that they wrote the patent application themself (a “pro se applicant”), that it has been rejected, and that they now…
Knockout searches are searches run before filing a trademark application to assess, primarily, the viability of obtaining a registration on that trademark. Whether you can use the mark is actually a slightly different question from whether you can register it,…
Trademark applications in the US can be based on use, an intent-to-use, or a foreign trademark application. When a trademark application has been previously filed outside the US, for certain entities there are ways to enter the US based on…
A patent must identify the correct inventors. A patent which names the wrong inventors can be invalidated. Sometimes, friends and spouses want to identify each other to be nice, but a person is only an inventor if they have contributed…