Invention disclosures from the USA

Invention disclosures from the USA - challenges for German companies German companies that operate research and development sites in the USA are regularly faced with a special question: How should invention disclosures from US employees be handled? While the German Employee Invention Act (ArbEG) provides a detailed framework, the situation in the USA is quite different. This article shows the [...]

What is an Inter Partes Review (IPR)?

What is an Inter Partes Review (IPR)? An Inter Partes Review (IPR) is a post-grant procedure conducted by the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). It allows a third party (usually a challenger) to request a review of the validity of a patent after it has […]

Where to File Patent Infringement Cases in the US

Where to File Patent Infringement Cases in the US Patent infringement cases in the United States can be filed in federal courts, and there are specific venues and jurisdictions where these cases can be heard. The location of the filing is important for various strategic, logistical, and legal reasons. 1. Federal District Courts Patent infringement […]

How to Calculate Damages in Patent Infringement Cases

How to Calculate Damages in Patent Infringement Cases In patent infringement cases, damages are intended to compensate the patent holder for unauthorized use of their patented invention. The goal is to place the patent holder in the financial position they would have been in had the infringement not occurred. Damages in US patent litigation are […]

What Is an Information Disclosure Statement (IDS)?

What Is an Information Disclosure Statement (IDS)? An Information Disclosure Statement (IDS) is a document submitted to the United States Patent and Trademark Office (USPTO) by a patent applicant. It discloses all known prior art or relevant information that might affect the patentability of the invention. Under 37 CFR § 1.56, patent applicants have a […]

Can Software Be Patented in the US?

Can Software Be Patented in the US? Yes, software can be patented in the US, but it must meet specific legal requirements. Software patents typically cover new and inventive processes or methods performed by a computer, rather than the code itself. The functionality of the software is what qualifies for patent protection, not the actual […]

What is a design patent?

What Is a Design Patent? A design patent is a type of patent granted by the United States Patent and Trademark Office (USPTO) that protects the ornamental or aesthetic appearance of a functional item. Unlike utility patents, which protect how an invention works, a design patent protects how it looks. What Does a Design Patent […]

What is a utility patent?

What Is a Utility Patent? A utility patent is a type of patent issued by the United States Patent and Trademark Office (USPTO) that protects the functional aspects of an invention. It grants the patent holder the exclusive right to make, use, sell, and license the invention for a period of up to 20 years […]

What Is a Restriction Requirement?

What Is a Restriction Requirement? A Restriction Requirement is a formal notice issued by the United States Patent and Trademark Office (USPTO) during the examination of a patent application. It occurs when the patent examiner determines that the application contains multiple distinct inventions that are independently patentable. Since a single patent can only cover one […]

What Is "State of the Art" for a Patent in the US?

What do "state of the art" and "prior art" mean in US patent law? The terms "state of the art" and "prior art" are closely related and translate to "state of the art" in German. This article will provide an overview of prior art in US patent law and also discuss the differences between the two terms. In the context […]