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  • O’Brien Patents
  • Patent Process
    • Can Your Idea Be Patented?
    • Conducting a US Patent Search
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    • Patent Reexamination and Reissue
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PATENT

How to Avoid Patent Infringement When Selling a Product

By Michael O'Brien | Jan 30, 2018

The unfortunate reality is that, in many categories of invention, it can be very difficult to market a product that ...
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Continuation Patent Applications Can Give Your Existing Patents New Life

By Michael O'Brien | Jan 23, 2018

The majority of profitable inventors generate most of their revenue from only a single patent, or at most a small ...
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How Patent Marking Can Maximize Royalty Damages from Infringers

By Michael O'Brien | Jan 18, 2018

When a patent holder can show that a competitor has sold a product that utilizes patented elements, there are two ...
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File for a Design Patent—Don’t Rely on Trade Dress to Protect Your IP

By Michael O'Brien | Dec 19, 2017

Recently, the site The Business of Fashion posted a story about a trade dress dispute between shoe startup Allbirds and ...
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Common Patent Mistakes: Failing to File an Information Disclosure Statement

By Michael O'Brien | Dec 13, 2017

Let’s say you know of certain patents and existing products that bear some resemblance to your invention. They’re similar enough ...
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Common Patent Mistakes: Drawings

By Michael O'Brien | Nov 30, 2017

Filing a patent application involves providing the USPTO with a variety of descriptive information about the invention, including an abstract, ...
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Common Patent Mistakes: Word Choice Matters

By Michael O'Brien | Nov 20, 2017

If you’ve ever taken even a cursory glance at a patent, you’re certainly aware that you most definitely won’t find ...
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Patent Applications Provide Provisional Rights Which Protect You from Infringers

By Michael O'Brien | Nov 7, 2017

Chances are that you have purchased products in packaging that indicated in tiny letters “Patent Pending” or “Patent Applied For.” ...
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Common Patent Mistakes: Inappropriate “Field of the Invention” Responses

By Michael O'Brien | Oct 31, 2017

When you fill out a patent application, there’s an unassuming little section titled “Field of the Invention.” The formula for ...
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Common Patent Mistakes: Titling Patent Application with a Trademark

By Michael O'Brien | Oct 16, 2017

The process of applying for a patent is complex, confusing, and involves a lot of paperwork. So it’s not a ...
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Sovereign Immunity Shielding Patents from Legal Challenges

By Michael O'Brien | Oct 10, 2017

Some time ago, we discussed the fact that you can’t sue a state government for patent or copyright infringement. This ...
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How to File for an Inter Partes Review of a Patent’s Validity

By Michael O'Brien | Oct 3, 2017

In 2012, the Patent Trial and Appeal Board started offering the inter partes review (IPR) process. This process was designed ...
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