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In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can...more
For startups sensitive to cash burn rate, provisional patent applications often seem like the perfect solution—lower filing fees, simplified requirements, and a full year to file the "real" application. However, this...more
Since the U.S. patent law switched to the first-inventor-to-file system in 2013, provisional applications have become more popular as the initial step for emerging companies to protect their inventions. Provisional...more
DANA-FARBER CANCER INSTITUTE v. ONO PHARMACEUTICAL CO., LTD. Before Newman, Lourie, and Stoll. Appeal from the U.S. District Court for the District of Massachusetts - Summary: An individual who contributes “significant...more
Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person’s contribution to conception of the invention, as embodied in the patent claims. In one recent...more
In Part 1 of this post, I discussed various advantages of provisional patent applications, which are a growingly popular initial filing option for applicants seeking patent protection. These advantages include: establishing...more
Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan...more
Provisional applications were introduced in the United States in the Inventor’s Protection Act of 1995. The purpose was to facilitate a quick filing, if necessary, to establish a priority filing date and salvage potential...more