While there are multiple ways to skin a cat (see discussion on indirect infringement and direct infringement here ), patent infringement can occur in two forms. The first is literal infringement. Literal infringement is when every aspect of the claim is being infringed upon in much the same way the claim was written. The second one, more complex, is an infringement under the doctrine of equivalents. Under this doctrine, the patentee can argue infringement even if each and eve

A landmark decision in relation to the curious case of DABUS AI and Stephen Thaler set a major precedent for patent eligibility for...

What is Merger and acquisition (M&A)? Mergers and acquisitions (M&A) are transactions in which the ownership of companies, other business...

As a mechanism that protects new ideas and investments in innovation and creativity, the USPTO has various offices within, which serve...

COVID-19 pandemic has led many industries to file bankruptcy in 2020. It’s been a rough year for the restaurant and construction...

We are honored to be featured in Feedspot's Top 100 Intellectual Property Blogs in 2020, debuting at #47! The Copperpod team understands...

Covid-19 Coronavirus pandemic has disrupted businesses and business practices around the globe. Due to ongoing lockdowns, teams are...

Covid-19 Coronavirus pandemic has disrupted businesses and business practices around the globe. Due to ongoing lockdowns, teams are...

Covid-19 Coronavirus pandemic has disrupted businesses and business practices around the globe. Due to ongoing lockdowns, teams are...

35 U.S. Code § 251 Reissue of defective patents (a) IN GENERAL.—Whenever any patent is, through error, deemed wholly or partly...

Patent rights last for a restricted period, and the right to sue the party infringing on the patent depends on this period.

While there is no such thing as a world-wide patent, there is something that approximates a world-wide patent application that can result in a patent being obtained in most countries around the world. This patent application is known as an International Patent Application, or simply an International Application. The international treaty that authorizes the filing of a single patent application to be treated as a patent application in countries around the world is the Patent C

The story of Hydroxychloroquine began in 1638 when the wife of the Viceroy of Peru acquired malaria. She was treated by an Incan...

An Inter Partes Review (IPR) is a trial held before the USPTO’s Patent Trial and Appeal Board (PTAB) to cancel specific claims of a patent on a ground that could be raised under §102 or §103, and only on the basis of prior art consisting of patents or printed publications. An IPR petition may be filed by any person who is not the patent owner and who has not filed a civil lawsuit challenging the validity of the patent. IPR proceedings are available 9 months after the grant da

A patent is a contract between the patent owner and the government that gives the patent owner the legal right to exclude others from...

“Not everything that counts can be counted and not everything that can be counted, counts.” - Albert Einstein (on a blackboard) A patent grants the owner the exclusive right to prevent others from using, manufacturing, offering, or selling the claimed innovation. If the innovation is monetized by others without obtaining a license from the patent owner, the patentee can choose to sue for damages in a federal court for further redress. If successful, the law under 35 U.S.C.

Open-source software today has not only allowed programmers to write increasingly complex software – but also democratized the software...

GaN is an ultra-wide band gap semiconductor with a band gap of 3.6eV, much higher than Si

Any company or individual can forfeit intellectual property rights in a patent by filing a disclaimer under Title 35, section 253 of the...

What is a Trade Secret? A trade secret is any information used in commerce that the owner has taken reasonable measures to keep secret,...