Beware the “on-sale bar”
A patent is invalid if the invention was sold more than a year before filing (on-sale bar), and the recent “Helsinn v … Read more
Stephen E. Zweig, PhD JD, Patent Attorney
A patent is invalid if the invention was sold more than a year before filing (on-sale bar), and the recent “Helsinn v … Read more
Allergan proposed a strange way to help immunize US patents from IPR attack – the “sovereign immunity defense”. IPR attacks: The America Invents … Read more
Don’t like having your own inventions used against you? Before your patent issues, consider filing a continuation application.
Patent non-publication requests are particularly useful for business method type software patents, because you can preserve your work as a trade secret if you don’t get a patent.
Do a prior art search before filing a patent. Anything that was sold or published more than a year ago, including your own work, can be used against you.
When compared to European patent oppositions, PTAB methods look great because they employ a number of legal protections lacking in the European system.