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Understanding the Value of Patent Attorneys

How Are Patent Attorneys Unique? Patent Attorneys are not your ordinary attorney.  Patent attorneys can practice in most of the other areas of law, but not every attorney can practice patent law.  In order to practice patent law, patent attorneys must have a degree in engineering or science.  This makes patent attorneys very unique but also very qualified to help protect technology. Typically, patent attorneys with engineering degrees draft patents for mechanical and electrical devices and methods, whereas patent attorneys with science degrees draft pharmaceutical based patents, such as new medicines or other compositions of matter. In addition to taking at least one state bar, patent attorneys take the patent bar.  The patent bar is difficult having a historical passage rate of approximately 48%.  Think about it this way: less than half of the people that have studied for the patent bar will actually pass.  This low passage rate speaks to the difficulty of the patent law.  It also highlights why hiring a knowledgeable patent attorney is so vital. Why Hire a Patent Attorney? If it is worth patenting, then it is worth spending the money to hire an attorney.  If your goal is to seek a license, most businesses will take your invention more seriously when you hire a patent attorney, at least because the businesses know that the patent they are paying a license for was drafted properly.  When inventors file their own applications, the applications are littered with errors.  Many of these errors would invalidate the patent should it ever be enforced in litigation. What do Patent Attorneys Do? Perform Patent Searches Provide patentability opinions Prepare nondisclosure agreements Prepare and record patent assignments Draft and file patents before the USPTO Enforce patent [...]

By |2024-07-22T21:22:26-04:00July 22nd, 2024|Patents|Comments Off on Understanding the Value of Patent Attorneys
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What Should I Do After I Was Bit By A Dog In Fort Lauderdale

If you've been bitten by a dog in Fort Lauderdale, taking the right steps immediately after the incident can significantly affect your health and any potential legal claims you might have. Here’s a detailed guide on what to do: Immediate Steps After a Dog Bite Seek Medical Attention: Your health is the top priority. Even if the bite seems minor, it’s crucial to get medical attention because dog bites can lead to serious infections, nerve damage, or worse. A medical professional will document your injuries, which is vital if you decide to pursue a legal claim. Report the Incident: Report the dog bite to the Fort Lauderdale Animal Control or the local police department. This is not only important for your case but also helps authorities track potentially dangerous animals and prevent future incidents. You can contact the Broward County Animal Care and Adoption Center directly for reporting. Gather Information: Collect as much information as possible from the dog owner, such as their name, address, phone number, and the dog’s vaccination history. If there are witnesses, get their contact details as well. This information will be valuable in your case. Document Everything: Take detailed notes about the incident, including where and how it happened. Photograph your injuries, the location of the attack, and the dog if possible. Keep records of all medical treatments and expenses related to the dog bite. Preserve Clothing and Personal Items: If your clothing was torn or bloodied, save these items in their original state without washing them. They could serve as evidence in your claim. Thorough documentation of the scene immediately following a dog bite incident is crucial, particularly due to potential actions by the dog owner, such as the [...]

By |2024-05-28T17:47:46-04:00May 28th, 2024|Personal Injury, Dog Bite|Comments Off on What Should I Do After I Was Bit By A Dog In Fort Lauderdale
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What to Do After a Slip and Fall Accident in Fort Lauderdale

Imagine you're enjoying a sunny day in Fort Lauderdale, strolling through a shopping plaza, when suddenly you find yourself on the ground, a victim of a slip and fall. Such accidents can be painful and disorienting, and the steps you take immediately afterward are critical to safeguarding your rights. Here’s your essential guide on what to do after a slip and fall accident, brought to you by Tucker Law. Immediate Actions to Take 1. Seek Medical Attention First and foremost, prioritize your health. Some injuries, especially internal ones, might not manifest symptoms immediately. Obtaining a medical assessment provides a dual benefit: ensuring your health is not at risk and securing medical records that are crucial if you decide to pursue a legal claim. 2. Report the Incident Inform the property owner, manager, or supervisor about the incident. This step is crucial as it officially documents the occurrence. Make sure to get a copy of the accident report—if one is not offered, request it. 3. Document Everything Use your smartphone to take pictures of the exact location where you fell and anything that might have contributed to your accident, such as spilled liquids or uneven flooring. Additionally, if there were any witnesses, gather their contact details. These details can provide substantial support for your claim. 4. Keep Track of Expenses and Impacts Record all expenses related to your accident—medical bills, travel costs to medical appointments, and any lost wages if you’re unable to work. Also, document how your injuries impact your daily life, as this could be relevant to your claim. Detailed Guidance on Documenting the Incident Secure Surveillance Footage: If the accident occurred in a place with security cameras, request access to the footage. An [...]

By |2024-05-28T17:48:54-04:00May 27th, 2024|Slip and Fall, Personal Injury|Comments Off on What to Do After a Slip and Fall Accident in Fort Lauderdale
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New Rulemaking Proposal by the USPTO: Enhancing Innovation and Reducing Litigation Costs

In a pivotal move, the United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking (NPRM) aimed at refining the process related to terminal disclaimers used to address nonstatutory double patenting issues. This proposed rule is designed to not only streamline patent dispute processes but also to reduce the litigation expenses associated with challenging patents that are merely patentably indistinct variations of a single invention. Understanding Nonstatutory Double Patenting Nonstatutory double patenting, often referred to as "obviousness-type double patenting," arises when an inventor or patent owner attempts to extend the patent exclusivity term through multiple patents with claims that are not substantially different from one another. Currently, the USPTO mitigates this by requiring terminal disclaimers that tie the enforceability of such patents together, preventing patent term extension beyond the term of the original patent. This practice ensures that the patent system incentivizes innovation while providing certainty to competitors and the public. The Proposed Rule: A Strategic Shift The new rule proposed by the USPTO introduces a third condition to the existing framework. Specifically, to overcome double patenting, a patentee must now agree that the enforceability of a patent under a terminal disclaimer is contingent upon the patent never having been tied, through a terminal disclaimer, to another patent where any claim has been definitively ruled unpatentable or invalid over prior art. This change aims to prevent the enforcement of patents that have been indirectly invalidated, thus reducing unnecessary litigation costs and focusing disputes on more substantive issues. Benefits of the Proposed Rule The implications of this rule are significant: Reduced Costs: By eliminating the need to challenge each patent in a group of related patents separately, the overall cost of patent [...]

By |2024-05-24T22:14:40-04:00May 24th, 2024|Uncategorized|Comments Off on New Rulemaking Proposal by the USPTO: Enhancing Innovation and Reducing Litigation Costs
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Understanding the Delicate Balance Between Functionality and Ornamentality in Patent Law

When inventors and designers embark on creating new products, the boundary between functionality and ornamentality often becomes a key consideration, especially in the realm of design patents. According to the United States Patent and Trademark Office (USPTO), an ornamental design is one "created for the purpose of ornamenting" and should not merely be a by-product of functional or mechanical considerations (In re Carletti, 1964). This distinction is critical as it determines whether a design can be protected under patent law, specifically under 35 U.S.C. 171, which requires a design to be new, original, and ornamental. The Essence of Ornamentality The principle of ornamentality stipulates that a design must be primarily ornamental rather than functional. This means that the design's aesthetic appeal should be its main purpose. The courts have consistently reinforced this view by analyzing the overall appearance of the product rather than the individual features when determining a design's patentability (L.A. Gear Inc. v. Thom McAn Shoe Co., 1993). Therefore, even if certain elements of a product are functional, the overall design must contribute aesthetically to the product's appearance to qualify for a design patent. Functionality vs. Ornamentality One of the pivotal challenges in design patent law is distinguishing between what is functional and what is ornamental. A purely functional design, one that is dictated by utilitarian purposes, is not eligible for a design patent. This was affirmed in Norco Products, Inc. v. Mecca Development, Inc. (1985), where the court held that a primarily functional invention could not be patented as a design. However, this does not mean that a functional item cannot have an ornamental design. The design itself must add an ornamental value that is independent of the item's functional aspects. The [...]

By |2024-05-18T00:02:01-04:00May 20th, 2024|Patents, Design Patents|Comments Off on Understanding the Delicate Balance Between Functionality and Ornamentality in Patent Law
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