Patent term adjustment is the closest thing U.S. patent law has to compensation for lost time, and it is routinely miscalculated – sometimes by the Office,…
Plant Patents: Protecting Agricultural Innovations
The plant patent is the oldest and narrowest of the American plant rights, and it is also the one least suited to modern breeding. Most work…
How to File a PCT International Patent Application
For inventors and businesses seeking patent protection in multiple countries, the Patent Cooperation Treaty (PCT) provides a streamlined pathway to international patent protection. Filing a PCT…
Patent Claims Drafting: Independent vs Dependent Claims
Independent and dependent claims are easy to define and hard to use well. The work that actually decides whether a patent is worth anything is broadest…
Software Patents: What Can and Cannot Be Patented
Software patents are among the most complex and contested areas of patent law. Following the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International,…
Design Patents vs Utility Patents: Which Do You Need?
When inventors seek patent protection, they often face an important threshold question: should I file a design patent or a utility patent? Understanding the difference between…
Continuation Patents: When and How to File
A continuation patent application is one of the most powerful tools in a sophisticated patent portfolio strategy. Continuations allow you to pursue additional claims based on…
Patent Office Actions: Common Issues and Responses
The examiner’s letter has not changed much in fifty years, but what it says has. Anyone tracking office action trends across the last decade has watched…
Patent Prosecution From Application to Grant
The patent prosecution process is the journey your patent application takes from initial filing through USPTO examination to final grant. Most applicants experience it as a…
How to Conduct a Patent Novelty Search Before Filing
Before investing thousands of dollars in a patent application, every inventor should conduct a thorough patent novelty search. A patent novelty search — also called a…
How to Write Strong Patent Claims
Writing strong patent claims is arguably the most critical skill in patent law. The claims define the legal boundaries of your patent protection — they determine…
Provisional vs Non-Provisional Patent Applications
One of the first decisions every inventor faces is whether to file a provisional or non-provisional patent application. This choice affects your patent timeline, costs, and…
Sound Marks and Non-Traditional Trademarks
When most people think of trademarks, they picture brand names and logos. But modern trademark law extends far beyond traditional word marks and design marks to…
Trademark Opposition Proceedings How to File and Defend
Trademark opposition proceedings are one of the most important but least understood aspects of trademark practice. After the USPTO approves a trademark application, it is published…
Social Media Handles and Trademark Protection
In the age of social media, your brand’s digital presence extends far beyond your website to include Instagram handles, Twitter usernames, TikTok accounts, LinkedIn pages, and…
Color Trademarks Can You Own a Color
One of the most fascinating areas of trademark law concerns color trademarks — can a business actually own exclusive rights to a particular color? The surprising…
How to Build and Protect a Brand Portfolio
Building and protecting a strong brand portfolio is one of the most strategic investments a business can make in its long-term competitive position. A well-managed trademark…
Domain Name Disputes and Trademark Rights UDRP
Domain name disputes at the intersection of trademark law have become one of the most common IP enforcement challenges businesses face in the digital era. Cybersquatters…
Trademark Assignment Transferring Trademark Rights
A trademark assignment is the permanent transfer of ownership of a trademark from one party to another. Whether you are selling your business, restructuring your corporate…
Collective and Certification Marks Explained
Most people are familiar with standard trademarks and service marks, but there are two additional types of marks that serve important commercial functions: collective marks and…