Author Archives: tom

The Duty of Candor and Good Faith in Patent Applications

When a patent application is filed with the United States Patent and Trademark Office, the applicant currently must sign a Declaration attesting to several things. First, that the applicant is the original and first inventor of the claimed subject matter. … Continue reading

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Disclaimers in Trademark Office Actions

Disclaimers are a frequently raised issue by the Trademark Office.  I see such rejections most often when a mark owner files the application himself and includes too much material in the mark, but they do occasionally arise when a trademark … Continue reading

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America Invents Act Online Guide

I’ve already received many calls from clients about the American Invents Act.  For those who want an online reference, the USPTO has created a site that contains some very basic information about the changes it will bring.  Some of those … Continue reading

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Patent Reform

You may have heard that a patent reform bill was recently passed by Congress reforming the way our patent system runs.  If signed by the President, it will bring the largest changes to the patent system in over a hundred … Continue reading

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Should I use LegalZoom for my Trademark Application?

Trademark applications mature into trademark registrations and can be very important and valuable assets for a business.  Anyone can file a trademark application, and most people can successfully “register” a trademark.  However, the value of a DIY trademark is dubious, … Continue reading

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First to File Risks to Individual Inventors

David Abrams and Dennis Crouch have published a comparative study on the switch from a first-to-invent system to a first-to-file system in Canada and applied the analysis to the potential change to the US patent system by the America Invents … Continue reading

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Sampled “Success” Rates of Patent Applications, Courtesy Patently-O

Patently-O did a brief post yesterday on a selected group of patent applications to see how the applications have proceeded through the PTO.  Of the applications filed in February 2006, 57% have matured into a patent, 28% are abandoned, and … Continue reading

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Dex Encourages you Dex It! and Obliterate their Trademark

This morning I saw a Dex commercial urging the viewer to “Dex it” when they needed to look something up.  Dex it?  Instead of Googling searching online for it?  Well, first off, I have opted-out of receiving most telephone books, … Continue reading

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Ornamental and Fuctional Aspects in the Same Invention

My invention has both functional and ornamental aspects – can I file for both utility and design patent protection? Absolutely.  Both aspects of the invention can be protected.  Some considerations (there will probably be others): Timing: Ensure that both applications … Continue reading

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Buying a Domain Name? Do a Clearance Search

Every once in a while, I get offers to buy domain names in my field – arizonacopyrightatttorney.com or arizonapatent.com, things like that.  I have yet to buy one, but I am sure they aren’t cheap – several thousand dollars, perhaps. … Continue reading

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