Sarasota Patent Attorneys & Lawyers

What Is Indirect Patent Infringement?

Indirect patent infringement is the violation of a patent with or without the knowledge of the infringer. A person or company obtains a patent to prevent other people from using an idea or invention. In some cases, however, another person may not be aware of the patent. Article 26 of the CPC describes the "prohibition of indirect use of the invention" or indirect patent infringement.

There are two types of indirect patent infringement: Infringement by inducement and contributory infringement. According to 35 U.S.C. § 271(b), infringing inducement means that an entity causes a third party

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Parker v. Flook: What Is It?

Parker v. Flook was a 1978 Supreme Court case involving catalytic converters that established the basis for patenting software. It involved alarm limits on a catalytic converter in an oil refinery. 

Catalytic converters only work under certain pressures and temperatures. A catalytic converter's pressure ranges are known as alarm limits. These can change during conversion. 

Dale R. Flook came up with a method to adjust alarm limits as they changed during conversion. He filed for a patent for this method. The patent was denied because the method's only novel feature was a mathematical formula, which is not patent eligible. The appeal board of the United States Patent and Trademark Offices (USPTO) upheld this denial. 

The Court of Customs and Patent Appeals (CCPA) reversed the decision. They stated that even if the method had limited applications, this did not mean it was ineligible for patent

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Updated November 18, 2020:

What Are Utility Patent Requirements

To meet utility patent requirements, inventions must be novel, not obvious, statutory, and useful. They must also meet the United States Patent and Trademark Office's written description, enablement, and best mode requirements. Utility patent requirements are stiffer than other types of patents, but they also offer the strongest protection. Inventors who hold a utility patent can stop other people and companies from making, using, importing, and selling their inventions.

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What Is a Plant Patent Search?

A plant patent search covers information about patents granted by the government to protect ownership rights of unique and asexually reproducing plants. As you might expect, plant patents are only a fraction of the patents filed every year. For example, in 2012 there were 576,763 patent applications filed—860 were granted. Only 1,149 of those were for plants.

Before you file for a patent of any kind, it is essential to determine if any similar creations have already been patented. The same goes for the protections afforded to those who create new varieties of plants. You must determine that no one else has created a substantially similar variety of

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Updated November 12, 2020:

What Is a Patent and What Is a Copyright?

Patents, typically utility patents, and copyrights are both types of intellectual property that grant rights to creators and inventors and protect their work from being exploited without their permission but differ in the type of property they protect.

Protecting Your Ideas

Business success hinges on ideas. Without an original idea, a business will struggle to turn a profit. But what happens when another business steals that idea? What protects a business from other people trying to take its money-making products or strategies and turn them into their own? Most companies have two options: patents or copyrights. Choosing between applying for

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