When employees create new products, technologies, processes, or other innovations as part of their work, it is natural for a company to assume that it owns those inventions. After all, the employee is working for the company and may be using company resources. But patent ownership is not always that simple. The question of whether an employer owns employee invention rights depends on several factors, including the employee’s contract, job responsibilities, how and where the i

Patent research is an important part of developing, protecting, and commercializing an invention. However, not every patent search answers the same question. A search performed to determine whether an invention may be patentable is fundamentally different from an investigation into whether a product can be made, used, or sold without infringing someone else's patent rights. Understanding patent search vs freedom to operate is especially important for inventors and businesses

Receiving a USPTO office action does not necessarily mean your patent application is headed for failure. An office action is part of the patent examination process, and applicants generally have several possible paths after receiving a rejection. The challenge is deciding which path makes sense for the application, the invention, and the business goals behind the patent. The decision often comes down to three options: continue examination through a Request for Continued Exami

If you have developed an invention and believe it could succeed in markets outside the United States, you may be wondering how to protect it internationally. Filing for patent protection in multiple countries can be expensive and time-consuming, which is why many inventors consider the Patent Cooperation Treaty (PCT). But this question may come to mind; PCT application do I need it? The answer depends on where you plan to sell, manufacture, license, or expand your invention

You finally have an invention worth protecting. Maybe you have built a working prototype, shown it to potential customers, presented it at a trade show, or even started selling it. Then you learn that public disclosure before filing patent applications can affect your ability to obtain patent protection. For U.S. patent law, there is a limited one-year grace period for certain inventor-originated disclosures. But that does not mean inventors should wait a year to file. A dis

If you have developed a new machine, mechanical device, tool, component, or manufacturing process, a patent can provide valuable protection against unauthorized use of your invention. However, a noteworthy thing is that patent protection is not permanent. Every utility patent has a defined term, and patent owners must also meet certain requirements to keep the patent enforceable. So, how long does a mechanical patent last? In the United States, a utility patent covering a m

If you have developed a new invention, one of the first patent questions you may face is whether to file a provisional or non-provisional patent application. The right choice can affect your filing date, patent strategy, costs, and the amount of time you have to develop your invention. So, provisional or non-provisional patent first? The answer depends on the stage of your invention, your immediate goals, and your readiness to pursue a patent. A provisional application can p

Creating a physical product often involves more than one type of innovation. A product may solve a practical problem through a new mechanism while also having a distinctive shape, appearance, or surface design that makes it recognizable in the marketplace. When that happens, inventors often ask an important question: utility vs design patent same product or can one product receive both types of patent protection? The answer is yes. In the United States, utility and design pa

Medical device inventions go through a patent process that carries greater weight than that of most other technologies. The stakes are higher, the technical scrutiny is deeper, and the timing decisions around FDA clearance add a layer most inventors never anticipate. We have guided medical device founders through this process for years, and the same question comes up early in nearly every conversation: how do you actually get from a working prototype to an issued patent? Unde

A competitor lists a near-identical version of your patented product, and the sales numbers on your own listing start sliding within days. Every week that copycat stays live costs you real revenue. For patent holders selling on Amazon, one question comes up constantly: what benefits do we receive from the Amazon APEX program compared to fighting this out in federal court? The answer explains why so many sellers turn to it first. A Quick Overview of the Program Amazon’s Patent