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Maximizing Your Patent Prosecution Dollars: A Few Simple Considerations
According to the statistics released by the USPTO (available online at www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm), approximately 326,508 utility patent applications were filed in 2001 in the United States and 166,045 utility patents were granted. The cost associated with the preparation and prosecution of patent applications last year was a multi-billion dollar business. In this era of cost controls, it is rare to find a patent prosecution department that is not subject to budgetary constraints. In-house patent counsel, as the gatekeepers for prosecution, need to select and work with outside patent counsel to maximize the return on their patent prosecution investment. Often, this is accomplished by in-house counsel searching for the lowest-cost provider to prepare and file a patent application. The logic behind using such providers is to maximize the number of patent filings for the money spent. However, this approach may provide neither the best return on investment nor the best results.
A company's objective in filing patent applications is to secure patents that provide the broadest available protection. The reasons to obtain patents are multifold and may include protection of the company's products and services by excluding others from a particular market space, setting up a licensing program, meeting cross-licensing obligations for number of patents obtained, or creating a defensive tool in the event the company is sued for patent infringement. Regardless of the reason, the focus should be on obtaining the most coverage possible through well-drafted patent applications for your limited budget.
Aside from the mandatory USPTO fees, the primary cost associated with obtaining a patent is the outside patent counsel's legal fees. First, there are the legal fees associated with the preparation of the application and filing it with the USPTO. Second, there are the legal fees associated with prosecuting the application (eg, responding to office actions, interviewing the Examiner, etc.) If no patent issues, these fees and expenses are wasted. Even if the patent issues, the number of amendments (and continuations) that are required to put the application in condition for allowance can dramatically affect the cost of obtaining a patent.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.