This portion of the blog is a description of the basics of patents and may be used by inventors before speaking with a patent attorney.

HOUSTON PATENT ATTORNEY: What is public disclosure in patent law?

35 USC 102 (A) states that a person should be entitled to a patent unless “the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.” 35 USC 102(B) gives inventors 1 year from the [...]

By | February 4th, 2015|Blog, Patent Basics|Comments Off on HOUSTON PATENT ATTORNEY: What is public disclosure in patent law?

Houston Patent Attorney: Priority Deadlines for Design Patent Applications

Design patents are a type of industrial design right, where the ornamental design of a product can be protected. In most countries design patents are called “Industrial Design” patents. In most cases, design patent applications have the same filing deadlines and priority due dates as utility patent application. However, there are several differences. First, PCT [...]

By | February 4th, 2015|Blog, Patent Basics|Comments Off on Houston Patent Attorney: Priority Deadlines for Design Patent Applications

A Houston Patent Attorney’s Review of PLAS-PAK INDUSTRIES, INC. v. Sulzer Mixpac AG.

Intended purposes arguments are alive and well!   In this case Sulzer Mixpac Ag owns patent number 7,815, 384, which is directed towards a device for mixing and dispensing Multi-components paints. A representative independent claim is reproduced below. 1. A device for applying a coating, comprising at least two cylindrical cartridges, a static mixing nozzle [...]

By | January 28th, 2015|Blog, Patent Basics|Comments Off on A Houston Patent Attorney’s Review of PLAS-PAK INDUSTRIES, INC. v. Sulzer Mixpac AG.

A Texas Patent Attorney’s Overview of Patent Damages

The main reason why people obtain patents (other than being inspired by Shark Tank) is to stop someone else from making the same product, and if someone else makes the same product to be able to recover damages. Patent laws require that the damages awarded in patent infringement actions must be “adequate to compensate for [...]

By | January 22nd, 2015|Blog, Patent Basics|Comments Off on A Texas Patent Attorney’s Overview of Patent Damages

Can Computer Software and Mobile Applications Be Patented? Yes!

A common question I get from the start-up community here in Austin is “Can I patent software for my mobile application and software?” Currently the United States is a jurisdiction that allows for software to be patented while other jurisdictions, such as Japan do not allow software to be patented. In re Bilski, a pivotal [...]

By | August 8th, 2013|Patent Basics|Comments Off on Can Computer Software and Mobile Applications Be Patented? Yes!

2013 Best Patent Law Firms indicating which firms have Austin, Texas Offices.

Below is a list of the top 10 patent law firms in the US based on issued patents over the following years: 2011, 2012, 2013. I am pleased to see that my former firm, Harness, Dickey, and Pierce is still listed as a top 5 law firm even after my departure. I am very glad [...]

By | August 1st, 2013|Patent Basics|Comments Off on 2013 Best Patent Law Firms indicating which firms have Austin, Texas Offices.

What are the differences between a Non-Final and a Final Office Action?

WHAT IS AN OFFICE ACTION? An “office action” is an official letter from the United States Patent and Trademark Office representing a patent examiner’s review of the status of a pending patent action. Typically, an office action indicated that none, some, or all of the pending claims are allowable, and the patent examiner’s concerns regarding [...]

By | August 1st, 2013|Patent Basics|Comments Off on What are the differences between a Non-Final and a Final Office Action?

What are the differences between a 35 USC 102 and a 35 USC 103 rejection?

During patent prosecution it is likely that a patent examiner at the USPTO will issue an office action with a 35 USC 102 and or 35 USC 103 rejections. Samples for responding to a 35 USC 102 rejection can be found here and 35 USC 103 rejection here. The main different between a 35 USC [...]

By | July 31st, 2013|Patent Basics|Comments Off on What are the differences between a 35 USC 102 and a 35 USC 103 rejection?

Should I file a design patent, a provisional patent, or both?

Initially please review an overview of design patents (overview of design patents) and provisional patents (overview of provisional patents). To determine whether to file a design patent or a provisional/utility patent application it is helpful to understand what your invention is directed towards. If your invention is directed towards novel and new functional features that [...]

By | July 22nd, 2013|Patent Basics|Comments Off on Should I file a design patent, a provisional patent, or both?

Should My Start-Up File A Provisional Or A Non-Provisional Patent Application?

A common question I receive from inventors and decision makers at Start-ups is whether they should file a provisional patent application or a non-provisional patent application for their new invention. There are benefits and detriments to both ways of beginning the patent process for an invention, which in some industries may be more important. Below [...]

By | July 19th, 2013|Patent Basics|Comments Off on Should My Start-Up File A Provisional Or A Non-Provisional Patent Application?