PerspireIP Blog
Expert perspectives on intellectual property strategy, patent law, trademark protection, and IP portfolio management from the PerspireIP team.
A demand letter does not force you to wait for the patent owner to sue. A patent litigator explains how a declaratory judgment action works, the MedImmune actual-controversy standard that decides whether a court can hear it, and how accused companies use it to seize the forum and the initiative.
Read MoreWinning a patent case does not guarantee an order stopping the infringer. A patent litigator walks through the Supreme Court's eBay four-factor test for a patent permanent injunction, why non-practicing entities rarely satisfy it, and how both sides should plan around it.
Read MoreA finding of willful patent infringement lets a court multiply damages by up to three. A patent litigator explains the Supreme Court's Halo standard, what judges actually weigh, and the concrete steps that keep an accused infringer out of the enhanced-damages zone.
Read MoreThe ornamental vs functional distinction quietly decides whether a design patent is valid and enforceable. A patent attorney breaks down the Federal Circuit's functionality test, the leading cases, and six rules for keeping your design patent ornamental.
Read MoreA patent attorney's practical, step-by-step guide to filing a design patent application with the USPTO in 2026 — from drawings and the single claim to fees, timeline, and the mistakes that trigger rejections.
Read MoreA missed USPTO deadline does not come with a warning — it comes with abandonment. Here is how a disciplined patent docketing system keeps rights alive.
Read MoreA continuation and a divisional share the same parent disclosure but claim different things. Here is how to tell them apart and file the right one.
Read MoreProving design patent infringement turns on one deceptively simple question — and on damages rules that can reach an infringer's entire profit. Here is how it works.
Read MoreThe Federal Circuit's LKQ v. GM decision rewrote design patent obviousness. Here is how the new test works and what it means for your portfolio.
Read MoreWhat the inventor oath or declaration must say, when it is due, how substitute statements work when an inventor won't sign, and the errors that stall a patent.
Read MoreHow virtual patent marking works, why it can be worth years of back damages, the webpage requirements that hold up in court, and the false-marking traps to avoid.
Read MoreBuying a patent can hand you protection you could never file for in time — or a lawsuit magnet with a broken chain of title. A practitioner's 7-step framework for a clean, defensible patent acquisition.
Read MoreMost companies pay to keep patents no one uses. A practitioner's framework for patent portfolio pruning: when to review, how to score each asset, and how to exit a patent without simply letting it lapse.
Read MoreWhy you can resell a used book but not a digital movie file. A plain-English walk through 17 U.S.C. 109, the Kirtsaeng and ReDigi decisions, and where the first sale doctrine stops.
Read MoreWhen an examiner will not budge, an ex parte appeal puts your rejected claims before a panel of PTAB judges. Here are the deadlines, fees, and briefing moves that decide the outcome.
Read MoreGot a patent notice of allowance? Here are the 7 steps that take you from allowance to a granted patent, including the deadlines and decisions most guides skip.
Read MoreA practical guide to the patent examiner interview: when to request one, how to file the AIR form, what to bring, and the mistakes that waste your 30 minutes.
Read MoreRecording a patent assignment is a cheap, ministerial step most owners treat as an afterthought. Miss the three-month window and a later buyer can take priority over you. Here is how recordation works and why it protects your title.
Read MoreA missed reply does not always kill a patent application. Here is how a petition to revive under 37 CFR 1.137 works, what the USPTO requires, and how to avoid ever needing one.
Read MoreA trade association, a co-op, a union of growers - when a group needs one brand its members can share, the tool is a collective mark. Here's how it works and how to register one.
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