Jonesboro Patent Attorneys & Lawyers

What is Kimble v. Marvel?

Kimble v. Marvel was a landmark case that went before the Supreme Court in 2015 and addressed whether a licensor can continue to receive royalties after the patent for his product has expired. On June 22, the Supreme Court declined to overturn the per se rule from Brulotte v. Thys Co. and ruled in favor of the defendant, Marvel.

The case covered almost two decades of negotiations, two different lawsuits, and an appeal. It also brought up important questions in terms of what patent law protects, what rights can be transferred, and how royalties work.

The Origins of Kimble v. Marvel

In 1990, a man named Stephen Kimble got a patent (U.S. Patent No. 5,072,856) based on a Spider-Man toy he'd created: a "web blaster" glove that enabled the wearer to shoot foam streams from their hand. This patent was set to expire in 2010. Kimble's claim is that the president of M

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What Does "Patent Pending" Mean?

The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. "Patent pending" simply means that you have applied for, but have not yet been granted, a patent. Holding patent pending status is important because it allows you to begin marketing your product on the commercial market while you pursue patent status.

It also provides some control over the use of your product while warning others against attempting to file patents for substantially similar products. In order to use the patent pending notification is to apply for a

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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

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What Is a Patent Keyword Search?

A patent keyword search is a type of patent search that helps you locate patents similar to your invention by looking up keywords in various patent databases. By doing a patent keyword search, you get a good sense of whether your invention can be patented or a competing patent already exists. You can only get a patent for an invention no one has thought of before. 

It is important to remember that just because you have never seen something like your invention does not mean you are the first person to think of it.

Why Is a Patent Keyword Search Important?

A patent keyword search is an important step in preparing your

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What Is Patent Exhaustion?

Patent exhaustion happens when a patented item, typically under a utility patent, is legally made and sold in the United States and the person who holds the patent gives up all rights to it. 

If you patent your invention and sell it to someone, you give up your rights over the use of that item. This is especially true if the only value in your invention is in its use. This applies to any patented product, but think about your car. The make and model of your car have a patent. As an individual, after you buy the car, you can give it away, sell it, or make any changes you want to it without worrying about being sued by the automaker. However, you can make patented items for sale subject to some terms of sale or license agreements. 

When Patent Exhaustion Doesn't Apply

There are tim

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