Springfield Patent Attorneys & Lawyers for Hire

What Are Essential Patents?

Essential patents, or standard-essential patents (SEPs), are patents, such as a software patent, that a company owns and shares with other companies to create a technology standard. Think of an essential patent as one part of a future product that would benefit an industry. Usually, these patents become licensed to standards organizations or companies with the same goal.

When essential patents are licensed, an agreement exists among all those with stake in the patent.

• The Institute of Electrical and Electronics Engineers (IEEE) often gets essential patents from companies. The IEEE then uses their skills to make new products. The deal between this standards organization and the patent holder is that the essential patent can't be used on its own. Instead, the patent must be used to create something all people intere

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What Is Ex Parte Reexamination?

Ex parte reexamination is a tool that allows a patent owner or a third party to lodge a request for the United States Patent Office (USPTO) to reexamine an already-granted patent based on other patents and publications that they bring to the USPTO's attention.

An ex parte reexamination can be requested at any time during the enforceability of the patent. The requester needs to establish that the prior art creates a substantial and new question of patentability (SNQ). The reexamination is conducted in front of a panel of three experienced examiners within a specialized unit of the USPTO called the central reexamination unit

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What Are the Types of Patent Infringement?

The various types of patent infringement occur when a person or business uses parts of a patented idea, method, or device without permission. Patent infringement is also known as patent violation or even stolen ideas. It could involve either using or selling the patented invention or idea. Before you can sue someone for patent infringement, you must figure out who is at fault. It's not always as obvious as you might think. Understanding the different types of patent infringement helps to determine who is accountable.

Direct Infringement

Making, using, selling, trying to sell, or importing something without obtaining a license from the patent holder is considered direct patent infringement. The offender must complete this act willfully and within the United States.

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Updated November 5, 2020:

Patent Assignment: What Is It?

A patent assignment is a part of how to patent an idea and is an irrevocable agreement for a patent owner to sell, give away, or transfer his or her interest to an assignee, who can benefit from and enforce the patent. The assignee receives the original owner's interest and gains exclusive rights to intellectual property. He or she can sue others for making or selling the invention or design.

There are four types of patent assignments:

• Assignment of Rights - Patent Issued: This is for patents that have already been issued.

• Assignment of Rights - Patent Application: This is for patents still in

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What Is a Patent Infringement Case?

Patent infringement cases result when a patent owner, or any entity who holds sufficient interest in a U.S. patent, files legal action against someone they claim is using the patented creation without permission.

Your defenses in a patent infringement case can include:

• Invalidating the patent
• Claiming non-infringement
• Citing prior use, first sale or repair doctrines, inequitable conduct, patent misuse, or limitation on rights
• Laches, formerly an important defense, may soon no longer be v

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