Johnny Manriquez Licensed in CA, Patent Bar
Gloria M. Steinberg Licensed in PA, Patent Bar
Irvin Tyan Licensed in CA
Trang Q. Tran Licensed in TX
Jordan Porter Licensed in CO, Patent Bar
Peter Gutenberg Licensed in CA, Patent Bar
Michael Portanova Licensed in CA
Micah Jeppsen Licensed in UT, Patent Bar
William Mostyn Licensed in MA, Patent Bar
Andrew Fritz Licensed in NY, Patent Bar
Honolulu Patent Lawyers
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Legal Services Offered by Our On-Demand Honolulu Patent Attorneys
Our experienced Honolulu patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.
Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.
Our Honolulu patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.
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- 5 min read
What Is Patent Ambiguity?
Patent ambiguity refers to uncertainty on the face of a legal document. This gives the agreement or contract an indefinite meaning. When a document includes a patent ambiguity, no external evidence can show the testator's intention, which remains unclear. A patent ambiguity may invalidate an agreement or contract.
Patent Ambiguity: What Is It?
Also known as intrinsic ambiguity, ambiguitas patens, or Section 93 of the Indian Evidence Act, patent ambiguity makes the intention behind a legal document unclear. Relying on the plain meaning of the words doesn't allow for clear interpretation. Instead, the document's obscure or senseless language makes its overall meaning ambiguous.
This happens, for instance, when a contract includes two sale prices that contradict each other. Patent ambiguities also arise in last wills and testaments, such as when a will doesn't state the gift for the beneficiary or off
- 5 min read
What Does Inducing Infringement Mean?
Inducing infringement means that a party is responsible for someone copying an idea without permission which can take the form of a trademark, copyright, or patent infringement. The party didn't do the infringing, but the infringement is still their fault.
For example, let's say someone invents a self-inflating balloon and then patents it. The inventor then sells the patent to a major company, and now the balloon is sold in every department store. Years later, the inventor says he still owns the patent and sells it to a different company. Once the second company starts selling self-inflating balloons, the first company can sue it for infringement, and it can sue the inventor for inducing infringement. While he didn't infringe on the patent directly, it's his fault the second company did.
Inducing infringement applies to tra
- 6 min read
What Can Be Patented?
An invention can be patented if it has a useful purpose, has patentable subject matter, is novel, and is non-obvious. The patent could cover a composition, production process, machine, tool, new plant species, or an upgrade to an existing invention. Inventors must meet certain government guidelines to get a patent.
What Requirements Must a Person Satisfy to Get a Patent?
To get a patent, the person's invention must meet four requirements:
- The invention must have a useful purpose.
- The invention must meet the legal definition of "novel."
- The invention can't be something that anyone could invent.
- The invention must have patentable subject matter.
Government rules for patents ask certain things of the applicant. They need to show or describe the invention in a way that a patent officer can understand. They don't need a prototype to
- 6 min read
What Is the America Invents Act?
The America Invents Act (AIA) adopts a First to File approach to the United States patent statute for patents such as a utility patent. This patent reform legislation prioritizes patent filing date over invention date.
Also known as the Leahy-Smith America Invents Act, it was signed into law on September 16, 2011. The AIA went into effect on March 16, 2013. It's considered the biggest change for the United States Patent and Trademark Office (USPTO) since 1952.
The AIA is officially known as H.R. 1249. It amends Chapter 35 of the U.S. Code. Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX) sponsored the AIA.
Key Filing Reforms
- 10 min read
What Is a Food Patent?
A food patent is a type of utility patent that covers edible products and food-related processes and compositions. The federal government tries to encourage innovation in all fields, including cooking, by granting patents through the United States Patent and Trademark Office (USPTO). Food patents can be lucrative. Inventors of new recipes with significant appeal should apply for a patent.
Can a Person Patent a Food or Recipe?
Patent Class 426 allows for the patenting of foods and recipes. The language of this rule covers foods and edible materials. The law views food as a composition of matter, which is one of the categories eligible for patents.
An inventor can create a new composition that alters the structure in an innovative way. In other words, a chef can prove originality by crafting a recipe that no one else has ever made before. It still has to meet the same criteria for patents as anything else: