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Trade Secret and the Prior Use Defense

May 14, 2014

Like many companies and inventors, you might choose to forego patent protection and instead rely upon trade secret protection. There are some wrinkles to trade secret protection that should be kept in mind when making that choice. Trade secret is a perfectly legitimate approach to consider,…

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How much does a patent application cost?

May 06, 2014

This is often the first question we get from prospective clients. There is no question that writing and filing a patent application – properly – is expensive.  Anyone that explores the possibility of seeking patent protection should be realistic about the timelines and the cost.  The preparation…

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Same trade-mark and similar goods? No problem if sold through different channels of trade

January 15, 2014

This case illustrates the potential advantages of explicitly excluding certain goods from your trade-mark application. Let’s suppose you are a tire manufacturer with the registered mark POTENZA for “tires, tubes and wheels” that you have held for 30 years.  A high-end Italian bicycle…

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2014: The US Supreme Court wrestles with patents

January 14, 2014

Over the past few years, IP has been in the spotlight south of the border.  It seems that not a day goes by without a patent, trade-mark or copyright story in the popular press (e.g. see smartphone wars).  Changes in the law have also been coming at a fast pace.  Witness the US implementation…

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Tags

accelerated examination, accounting of profits, anticipation, assignments, confusion, copyright, costs, duty of disclosure, early disclosure, fintech, graphical user interfaces, industrial design, inventorship, open source, opposition, patentable subject matter, patents, prior use rights, promises of the patent, software patents, sufficient disclosure, Technological Protection Measures, TPM, trade secrets, trademarks


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