Patent Infringement Cease and Desist Letters

I’ve received a cease and desist letter alleging that I’m infringing someone’s patent. What should I do? The first thing is “Don’t panic!”. While a letter like this should be taken very seriously the fact is that simply because the allegation has been made doesn’t mean that it’s actually correct. The courts view the making […]

Protecting New Embodiments with Divisional Patent Applications

QUESTION We would like to file a convention patent application in Australia based on US provisional patent application No. 61/XYZ filed on March 22, 2010. However, it will be necessary to add additional examples in order to support the scope of the claims. In the USA we intend to do so by filing a Continuation-In-Part […]

Is it an Invention or just a New Idea?

Assuming that you’ve thought of something that’s new and inventive, do you have actually have an “invention” or is it rather the case that you merely have “a new idea”? Although an invention may be very broadly claimed in a patent, it remains the case that patents are for inventions. For example, ” Make a powder […]

Seven Common Patent Myths

Myth No. 1. Patents aren’t worth the trouble because patent litigation is very expensive. This is an often used, but irrational, excuse for the putting of heads in the sand when it comes to patents. It’s a bit like not wanting to buy a house because there’s a risk that a burglar could break into […]

Choosing a Distinctive Trade Mark – Three Critical Factors to Consider

The name that you choose for your business, or for specific goods or services that you provide in trade, is extremely important because it is the “handle” that your customers, and even more importantly your potential customers, will use to talk about you and your products, search for you and ask for you, rather than […]

Intellectual Property Management Strategies for Small Business

The objectives of an intellectual property management system will typically include at least the following: Defensive Weather times of economic downturn by protecting products that afford competitive advantage. Counter competitor attacks. Gather strategic intelligence. Value Building Possibility of licensing revenue. Increase asset register thereby increasing valuation of business. improve internal performance by consolidating knowledge, for […]

Defensive Publication – Reduce allegations of patent infringement

Under the Australian Patents Act, an invention will be patentable unless it doesn’t comply with a number of requirements set out in the Act. Two critical requirements are that the invention must be ‘novel’ (i.e. new) and that it must be inventive (or innovative in the case of innovation patents) in light of the prior […]