Posts in Patent Basics


Filing a patent application is still a smart decision for inventors

I'm not alone in thinking that at least a provisional patent application is extremely important. Stephen Key, the preeminent inventor coach in the United States, advises all …
By Gene Quinn
2 months ago 25

Inventorship 101: Who are Inventors and Joint Inventors?

Inventorship is one of the most fundamental concepts in patent law. Of course, fundamental does not mean easy or uncomplicated. Patents are granted to inventors, which is …
By Gene Quinn
2 months ago 14

Patent Search 101: Why US Patent Searches are Critically Important

Patents are expensive to obtain. The last thing you want to do is spend a lot of money if there are easy to find references a US …
By Gene Quinn
4 months ago 3

10 Critical Pieces of Advice for Inventors

There really is no one-size-fits-all approach inventors can follow, and there is no inventing roadmap to success that will work in all cases. Notwithstanding, there are certainly …
By Gene Quinn
5 months ago 2

There is no such thing as a provisional patent

Although there is a popular misconception among inventors new to the field of inventing, the United States Patent and Trademark Office is never going to grant a …
By Gene Quinn
7 months ago 1

Patent Searches: A Great Opportunity for Inventors to Focus on What is Unique

Patent searches are excellent learning tools because they give you an opportunity to discover which aspects of your invention are most likely to contribute to patentability, thereby …
By Gene Quinn
9 months ago 3

Should I File a Patent Application Before Licensing the Invention?

I am frequently asked by inventors whether they should file a patent application before seeking to license their invention. Some even ask whether they should first obtain …
By Gene Quinn
9 months ago 27

Can cake designs result in intellectual property protection?

Excluding any questions regarding the rare patentability of a cake recipe, cake designs, under certain circumstances, may be protected under the laws of copyright and trademark. Specifically, …
By Amanda G. Ciccatelli
10 months ago 2

Turning Your Idea into an Invention

Like anything in life that is new, whether it be returning to exercise after a lengthy hiatus or learning a new language, you have to walk before …
By Gene Quinn
10 months ago 7

Learning from common patent application mistakes by inventors

The goal in a patent application is to provide a full, clear, and exact description of the invention in a way that particularly points out and distinctly …
By Gene Quinn
10 months ago 0

Why Patent Attorneys Don’t Work on Contingency

The first thing to understand is that there is no such thing as contingency representation for purpose of preparing, filing and ultimately obtaining a patent. Patent attorneys …
By Gene Quinn
11 months ago 125

Patentability: The Adequate Description Requirement of 35 U.S.C. 112

The crux of this so-called adequate description requirement is that once the first four patentability requirements are satisfied the applicant still must describe the invention with enough …
By Gene Quinn
11 months ago 1

Germany Suspends Requirement of Presidential Signature for Formal Ratification of UPC Agreement

Effective June 11, 2017, the Office of the President of the Federal Republic of Germany has agreed to suspend the Presidential signature required for formal ratification of the UPC …
By Matthias Weiden
11 months ago 0

Patentability: The Nonobviousness Requirement of 35 U.S.C. 103

The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
By Gene Quinn
11 months ago 2

Patentability: The Novelty Requirement of 35 U.S.C. 102

Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
By Gene Quinn
12 months ago 4