PerspireIP Blog
Expert perspectives on intellectual property strategy, patent law, trademark protection, and IP portfolio management from the PerspireIP team.
A single reference you forgot to disclose during prosecution can make an entire patent unenforceable years later. This AIA proceeding lets a patent owner cure that vulnerability before an accused infringer ever raises it. Here is how it works, the timing traps, and five smart ways to use it.
Read MoreA patent can be perfectly valid and still unenforceable if the owner overreached in licensing it. Here is how the patent misuse defense works after Morton Salt, Kimble, and Princo, the six traps that trigger it, and how to purge misuse before it costs you a case.
Read MoreA patent you never enforce is a patent you overpay for. This guide shows how to build a patent infringement monitoring program, detect copycats, and act before your damages window closes.
Read MoreA collective trademark lets the members of a group share one brand under the organization's control. Here are the two types, the certification-mark distinction, and how to register one.
Read MoreFiling for design protection country by country is slow and expensive. The Hague System lets you cover dozens of markets through a single application at WIPO, in one language, with one set of fees. Here are the seven rules that decide whether Hague design registration is the right route for your design portfolio.
Read MoreA regular U.S. patent application can sit for two or three years before an examiner opens it. Track One prioritized examination compresses that to roughly twelve months for a fixed fee, with no prior-art search paperwork required. Here is how the program works, what it costs, the claim limits that trip applicants up, and when the fee is worth paying.
Read MoreClaim construction is the pretrial ruling that decides what your patent claims mean, and it quietly settles most patent cases. Here is how the Markman hearing works and how to win it.
Read MoreA patent validity opinion is a written legal read on whether a patent would hold up in court. Here is when you need one, what it costs, and how it defeats willful infringement.
Read MoreA reissue lets you repair a patent that claims too much, too little, or rests on a flawed specification, but the tool comes with a two-year broadening window, a recapture trap, and intervening rights for competitors. Here is when a reissue patent works, when it backfires, and the six rules that keep a correction from costing you the claims you already own.
Read MoreIf one patent office has already allowed your claims, you can use that result to jump the queue in another office for no petition fee. The patent prosecution highway is one of the most underused tools in international filing. Here is how it works, who qualifies, and six steps to file a request that sticks.
Read MoreA trademark disclaimer looks like you are giving something up, but used correctly it clears the path to registration without weakening your mark. Here is what must be disclaimed, the exact wording the USPTO wants, and six rules to keep a disclaimer from costing you protection.
Read MoreSell or offer your invention too soon and you can forfeit the patent before you ever file. Here is how the on-sale bar works after Pfaff and Helsinn, when the one-year clock starts, and six rules to keep an early deal from sinking your rights.
Read MoreBroad claims fail when the specification does not teach how to reach them. Here is what the patent enablement requirement demands after Amgen v. Sanofi, how the Wands factors work, and six rules to draft claims that hold their full scope.
Read MoreProtecting software takes more than filing one application. Here is how software patent protection actually works after Alice, and how to layer patents, trade secrets, and copyright into a defense competitors cannot walk around.
Read MoreLosing a mark for nonuse or lost quality control is common and avoidable. Here is how trademark abandonment happens, how it gets you cancelled, and how to prevent it.
Read MoreFunctional claiming under 35 USC 112(f) can quietly narrow a claim to a single embodiment. Here is when it triggers, why it matters, and how to draft around it.
Read MoreWhat trademark genericide is, how the primary significance test decides it, why Google survived but aspirin and escalator did not, and seven ways to keep your brand from becoming generic.
Read MoreWhat inequitable conduct is, the Therasense but-for materiality and intent standard, the duty of candor under 37 CFR 1.56, and how a disciplined prior-art record keeps a patent enforceable.
Read MoreWhat a post-grant review is, the strict 9-month deadline, how it differs from inter partes review, and when challenging a patent at the PTAB is worth it.
Read MoreA practical guide to what IP due diligence services cover, when you need them, and how to choose a provider before you close a deal.
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