Overview: The Leahy-Smith America Invents Act (AIA) & Patents
Overview: The Leahy-Smith America Invents Act (AIA) & Patents Summary The America Invents Act (AIA) shifted the U.S. patent system from first-to-invent to first-to-file, making filing dates the basis for establishing patent priority. Provisional patent applications gained greater significance by establishing priority dates that can carry over to later-filed nonprovisional applications. The AIA introduced administrative […]
Guide to US Regulations for Medical Devices
Guide to US Regulations for Medical Devices Summary The FDA regulates medical devices under the Federal Food, Drug, and Cosmetic Act, with oversight primarily through the Center for Devices and Radiological Health (CDRH). Medical devices fall into three risk-based classifications: Class I (low risk), Class II (moderate risk), and Class III (high risk). FDA approval […]
The Lanham Act & Trademarks: An Introduction
The Lanham Act & Trademarks: An Introduction Summary The Lanham Act of 1946 establishes the foundation of federal trademark law in the United States. Federal trademark protection covers infringement, dilution, unfair competition, and false advertising. Federal registration provides broader trademark rights and legal protections than common law rights alone. Trademark violations may result in injunctive […]
The Basics of Intellectual Property Law
The Basics of Intellectual Property Law Navigation Goals of IP Law Areas of IP Law Patent Law Trademarks Copyrights Trade Secrets Conclusion General Goals of Intellectual Property Law protect innovation help consumers identify the source of goods/services protect creative works protect information Areas of IP Law That Achieve These Goals Patents protect innovation. Trademark […]
How to Create an Intellectual Property Portfolio
How To Create An IP Portfolio What is an Intellectual Property Portfolio? An Intellectual Property Portfolio is often described as a simple compilation of your IP. Basically, a folder on a computer with all of your patents, trademarks, and copyrights compiled. This is a waste of time and provides you no benefit. A portfolio is […]
When do you actually need a Trademark?
When do you actually need a Trademark? Navigation Introduction What do trademarks do? When are you likely to experience a copycat? When will you create the perception of success? How does this tell us when to file for a trademark? Conclusion Introduction It seems no one has an actual answer to the question of when […]
The China Patent Office: An Overview
The China Patent Office: An Overview Navigation Does China have a patent office? How do I look up a Chinese patent? How much does it cost to file a patent in China? How do I file a Chinese patent? What inventions cannot be patented in China? How do I protect my patent in China? How […]
Intellectual Property in China: An Overview
Intellectual Property in China: An Overview Navigation Does China have intellectual property rights? Why is it so difficult to enforce IP rights in China? Is copyright enforced in China? Can you enforce a patent in China? Does China protect intellectual property? Does China have patent protection? What is the Chinese wall in intellectual property? Does […]
How to Check Trade Name Availability: A Step-by-Step Guide
How to Check Trade Name Availability: A Step-by-Step Guide Navigation Introduction What is a Trade Name? Why Check Trade Name Availability? Steps to Check Trade Name Availability State-Level Checks Federal Trademark Search Domain Name Availability Social Media Handles What to Do If Your Trade Name is Taken Register Your Trade Name Tips for Choosing a […]
What is the PCT (Patent Cooperation Treaty)?
What is the PCT (Patent Cooperation Treaty)? Navigation Purpose of the Patent Cooperation Treaty Function of the Patent Cooperation Treaty Benefits of the Patent Cooperation Treaty Disadvantages of the PCT PCT Filing Fees What is the 30 month rule? Purpose of the Patent Cooperation Treaty The PCT follows the Paris Convention. The Paris Convention established […]