Friday, September 10, 2010

3. Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

Reasoning of the Law has always come very easy to me. I make it a point to play by the rules and not violate anything or anyone. One thing I appreciate is the statue of limitations, infringement action pg 86“In patent law there is no time limit (statute of limitations) for filing a patent infringement lawsuit.” This is extremely to the patent applicant pg 73“ The inventor or organization who files the patent application (and, often, who will own the patent if the application is granted). When dealing with patents be very careful of misuse of patent “Use of a patent in a manner that violates federal patent or antitrust laws may result in the patent being declared invalid or unenforceable by a court.” There can be a number of things you run into such as multiple claims “a single patent application may contain two or more claims describing a single invention” which my attorney told me was more common than you think. Narrowing a claim pg 84“a claim in a patent application that was initially rejected by a patent examiner as being too broad” is one of the things I think protect a lot of us. It’s interesting how everything has its boundaries in the whole patent process. I like the idea of the design around “to design or build a device that is similar to but doesn’t infringe on an invention.” This allows you to enhance an idea or if the duration of patents pg 135“utility patents-the most common kind- expires 20 years after the filing date of the regular formal patent application” then there is a possibility of this patent becoming yours. For art students I found that if you have designed something digitally you must include drawings, patent application pg 135“Visual representations of an invention must be included in the patent application”. This whole process has just reminded me of how critical I need to be when dealing with protecting my designs so I don’t have to deal with fraud on the U.S. Patent and Trademark Office “any behavior by an applicant for a patent that attempts to mislead the U.S. Patent and Trademark Office”. I am truly grateful of this overall process.
10th edition Patent, Copyright & Trademark by Ralph Warner

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