A perennial challenge in patenting is to both cover your product and block design-arounds. It is understandably frustrating to incur the expense and disclosure requirements of the patent process only to find that a...more
Dear Patenticity,
I have a chemical invention and I want to obtain the broadest coverage I can. The problem is I have not done much lab work, so I only have a couple real examples. I know that the written description...more
Dear Patenticity,
My company has several new product concepts under development right now, and some are very early in the design process. We are in a very competitive space, so we want to protect our work with patents to...more
Dear Patenticity,
My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...more
I am starting a new business around a technology that I hope to patent. We have already conducted a patentability search and we think we can get a patent. At what point should I address freedom to operate?...more
We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly intelligent and increasingly even creative acts previously...more
Inequitable conduct is an affirmative defense to patent infringement, but the bar for proving it is a high one. A defendant must prove by clear and convincing evidence that the patentee intentionally deceived the Patent...more
If you do not know the difference between patentability and freedom-to-operate (FTO), you are not alone. Most often people mistakenly believe that a patent gives them the right to make, use, and sell an invention. Not so. A...more