Patents give inventors exclusive rights to their inventions. But these rights have limits. When a patent owner tries to extend control beyond the scope of the patent, courts may find patent misuse. What Is Patent Misuse? Patent misuse is a defense to patent infringement. The doctrine prevents patent owners from using their patents in ways…
DetailsArtificial intelligence systems now generate inventions. They design new products, create novel solutions, and suggest innovations. But can an AI system appear as an inventor on a patent application? The Law Requires Human Inventors Under the Patent Act, an inventor must be an “individual.” The Federal Circuit addressed this question in Thaler v. Vidal, 43…
DetailsPatents have a standard term, but certain circumstances allow patent owners to extend that term beyond the normal expiration date. Two mechanisms accomplish this: patent term adjustment and patent term extension. Though the names sound similar, these provisions serve different purposes and address different delays. Understanding these mechanisms helps patent owners maximize the value of…
DetailsBusiness clients developing new technology frequently focus on product development, market strategy, and funding. They may overlook patent considerations until these considerations become problems. As their counsel, you can protect your clients from losing valuable patent rights by recognizing three areas where missteps occur: timing, public disclosure, and inventorship. The First-to-File System Requires Prompt Action…
DetailsPatents protect inventions. This protection gives the patent owner the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention during the patent term. Understanding what qualifies as eligible for patent protection is essential for anyone seeking to protect intellectual property through the patent application process. Patent law provides…
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