Confusingly Similar Trademarks
If a proposed trademark looks or sounds too similar to another mark, and it is in a related area of commerce, the … Read more
Source indicator vs. competitive advantage
Trademark functionality covers two distinct issues. Trademarks should “function as a source identifier” but to prevent monopolies, should not “contain functional material”. … Read more
Inventorship and co-inventors
US patent inventorship criteria are tricky. However, “conception” of the invention and “intellectual domination” are more important than reduction to practice. Does … Read more
Patent and Trademark assignments
The USPTO EPAS/ETAS assignment process, and legal chain of title principles, help the public determine who owns a given patent or trademark. … Read more
Writing patent claims
Writing patent claims is analogous to describing multidimensional jigsaw puzzle pieces using words. Your claims have to fit in the spaces between … Read more
USPTO office actions
USPTO office actions reject most patent applications using “done before”, “obvious”, “vague”, or “not patent eligible” type arguments.