I received a call recently from a client in New Jersey who asked me if she needed a confidentiality agreement to discuss her invention with a potential manufacturer. A confidentiality agreement is an agreement to keep information exchanged between parties confidential. Confidentiality agreements are also known as secrecy agreements or non-disclosure agreements. They all essentially the same thing and serve essentially the same purpose.
Read articleInventors often ask how they can find patents related to their idea. Patent searching is not especially difficult, although it can be time consuming.
Read articleOne of the most important clauses in a license agreement is the “grant clause”. The grant clause defines the scope of the legal rights that the patent holder (or “Licensor”) gives to the user (“Licensee”). The scope of the grant clause has significant implications for the commercial use of the invention.
Read articlePatents are property so, like any property, ownership can be transferred from one person or company to another. A patent attorney can help prepare an assignment for the inventor.
Read articleOne of the most common ways an inventor can take advantage of their patent is through licensing. A license gives another rights to make, use or sell an invention. However, the patent holder retains ownership of the patent. A license is a bit like a renting a piece of real property. The owner still owns it, but lets another use it, usually for a profit. When it’s a real property license, the payment is called “rent”. If it’s a patent that’s being licensed, the property is called a “royalty”.
Read articleIf you are accused of infringement, or if you find someone infringing your patent, a patent attorney can help you decide how to proceed.
Read articleMany of my clients in New Jersey ask about the steps for filing a patent. There are three main steps to patenting an invention.
Read articleJim Singer in his IP Spotlight Blogpoints out: On May 21, 2009, Representatives Rick Boucher (D-Va) and Bob Goodlatte (R-Va) introduced introduced a bill that would ban patents that cover tax planning strategies. The bill would amend Section 101 of the Patent Act to provide that a "tax planning method" is not patent-eligible subject matter.
Read articleSo you’ve gotten your patent application on file, the rush and the fuss are over with for the time being, you’ve hit your deadline before the presentation or the trade show. Fortunately the patent decisions have been made now and you can forget about this part of your project at least for awhile. And maybe you take a deep breath, because the financial hemorrhage from the patent work is at least on hold.
Read articleYou may be surprised to realize your patent has many audiences. The list includes you (the inventor), your inventor peers, Patent Examiners, investors and business people, other lawyers, and in some cases, a judge and jury. A good patent application will effectively address the needs of each audience.
Read articleSome criteria to look for when choosing a patent attorney include:
Read article“Patent trolls” are people or companies who obtain unused patents and sue companies for the only sue patent holders that do not make products but only threaten other companies with patent infringement lawsuits in order to extract money. They are criticized, probably justly, for gaming the system, collecting money without adding value.
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