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What is a good utility patent?

What makes a utility patent good? A patent can be both a sword and shield. Defensively, a patent blocks future applicants from patenting the same invention. Offensively, a patent can be enforced to...

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What is a patent application? What makes it good?

Do you need a design or utility patent application? Are you trying to protect the functionality or the appearance of your idea? If the appearance (how it looks) is what matters, then a design patent...

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What is a new use patent or intended use claim language?

Can you patent a new use of an old product? Yes, it is possible to patent a new use of an old product. That’s the short answer. The long answer is more complicated. While it’s technically possible to...

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What are negative claim limitations?

What are negative claim limitations? A negative claim limitation is language recited in a patent claim that speaks to the absence of a feature, as opposed to a positive claim limitation that recites...

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Why file a continuation before your patent is granted?

Why file a continuation application before your patent is granted? “I don’t know what I don’t know.” This axiom rings true especially when it comes to the future. Most patent owners cannot foresee all...

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How to Understand Patent Claims

How do you read utility patent claims? In terms of what a utility patent covers, claims matter the most. Yet, they are the least understood. Attempting to understand utility patent claims can feel...

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Amended claims: What can go wrong in a patent amendment?

When are marked-up amended claims not required? Patent claims must be amended in a very particular manner. The USPTO has strict marking rules on how amended claims must be shown with respect to prior...

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How to Get Broader Patent Claims

Broader patent claims: when less is more Before we dive into this discussion, let’s make sure we’re all on the same page about what we mean by broader patent claims. When it comes patent claims,...

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Patented Product or False Marking: How To Know If Your Patent Covers Your...

How do you know if your product is covered by a patent? It can seem like a given premise that you don’t even bother questioning it. After a long journey, you finally get your utility patent approved...

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