Posts by Stephen B. Schott
Show ‘Em What You Got: Patents and the Duty of Disclosure
Have you ever found out about something that you wish you could forget? The forgetting presents a particular conundrum for inventors with applications at the US Patent and Trademark Office. Inventors are often the most knowledgeable people about their inventions and what others are doing in the competing industry. And sometimes an inventor stumbles across…
Read MoreSupreme Court Makes it Easier to Penalize Misbehaved Patent Litigants
Yesterday, the Supreme Court invited district courts to use more discretion in awarding attorney fees in “exceptional” patent cases. This 9-0 decision delivered by Justice Sotomayor in a case involving elliptical machines will help judges penalize misbehaving patent litigants.The law governing exceptional patent infringement cases reads in total: The court in exceptional cases may award reasonable attorney fees to…
Read MoreComparing Common Law Vs. Federally-Registered Trademarks
An Article in Schott, P.C.’s IP Law For Start-ups Series Do you have a business name? Are you using it in commerce? Or do you have a distinctive name for a product that you’re selling? Guess what: You may already have trademark rights. Even without filing an application with the US Patent and Trademark Office or…
Read MoreStart-Up’s Primer On International Patent Protection
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott sbsc The innovative start-up looking to protect its market and increase its value will often file for patent protection. But when making the decision to seek patent protection, it will quickly face a second question: Should the start-up file for international patent protection?There are a few things…
Read MoreObama The Troll Slayer: The White House’s Patent-Related Executive Actions.
President Obama wants to vanquish patent trolls. His 2014 State of the Union address called for Congress to “pass a patent reform bill that allows our businesses to stay focused on innovation, not costly and needless litigation.” Not satisfied with leaving reform in Congress’s hands, the White House recently announced executive actions targeting patents and patent…
Read MoreWhat Is A Design Patent And How Is It Different Than A Utility Patent?
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. SchottThe patent that you think of when you hear the word patent is a utility patent. But it’s not the only kind of patent that there is. 5% (over 30,000) of all patent applications filed per year are design patent applications. 0.1% of all patent applications…
Read MoreThe Layman’s Guide To Reading Patent Claims: Can A Hippopotamus Infringe A Patent?
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott Patent claims are all-out assaults on the English language. It’s not bad enough that they are technical. It’s not challenging enough that passive use pervades technical writing. And it’s not brutal enough that the US Patent and Trademark Office has a pro-obfuscation rule about…
Read MoreThe Top Dog Of FAQs: “Can I Patent My Recipe?”
By Stephen B. Schott My mom challenged me to eat a hot dog with peanut butter on my 8th birthday and I did. It’s delicious and we call it a “nutty dog.” She found the recipe in a cookbook, so it is not a new idea. But the thinking that lead to this Frankenstein’s monster food…
Read MoreWhy You Should File A Provisional Patent Application, Especially If You’re A Start-Up.
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott sbschott@schottpc.comYesterday I heard this conversation between a venture capitalist and a start-up company with an excellent idea.VC: “It’s a crowded market with lots of competition. Do you have patent protection?”Start-up: “No, not yet.”VC: “But you have some pending patent applications?”Start-up: “No, we wanted to get our…
Read MorePatent Law Basics: What Is A Provisional Patent Application?
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott Provisional patent applications are confusing. They don’t mature into patents. But they kind of do. The US Patent and Trademark Office doesn’t review them like they do a nonprovisional patent application. But they still must meet strict legal requirements or they are useless. And…
Read More