Legal Blog

Patent Term Extension and How To Get It

Posted by Brandon Selinsky on May 2, 2017 8:59:44 PM

For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration.

Patent rights prevent others from making, using, selling or importing the patented invention. But patent rights are only enforceable for a set amount of time (twenty years from their filing date), and the prosecution of the patent application can take a number of years on its own. But even if a patent is issued for a novel pharmaceutical composition, that does not mean that the pharmaceutical company can immediately go sell the product. New pharmaceuticals cannot go to market without FDA approval.

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Topics: Intellectual Property, international patent disputes, patent law, patent lawyer

Legal Opinions Concerning Patents

Posted by Brandon Selinsky on May 1, 2017 1:12:34 AM

When it comes to obtaining patent protection for a new and nonobvious invention, there is a lot to consider. Obtaining intellectual property rights in the form of a patent often requires a huge investment of time and financial resources. However, the benefits of obtaining patent protection can far outweigh the upfront costs. Since patents are such a valuable assets, but also a costly undertaking, many people who are considering filing for a patent or who have already obtained a patent find obtaining legal opinions concerning various aspects of their invention or patent can be reassuring.

Whether you are considering pursuing patent protectionfor an invention or you already hold a patent, there are many situations where you may need a legal opinion concerning your intellectual property. Some legal opinions concerning patents include:

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Topics: Intellectual Property, international patent disputes, patent law, patent lawyer, patent rights

Types of Patent Infringement

Posted by Brandon Selinsky on Apr 29, 2017 9:07:12 AM

If a competitor is making, using, selling or importing a product that you have patented, you cannot standby and allow the infringement of your intellectual property rights. Unauthorized use or selling of the product by your competitor is a violation of your right to exclude others from making, using or selling your patented invention. In order to put a stop to infringement, you should first send a cease and desist letter that is prepared by a patent lawyer to the alleged infringer. If a letter does not put a stop to the infringing conduct, then a patent infringement lawsuit is the next step for enforcing your patent rights.

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Topics: Intellectual Property, patent law

Your Bundle of Patent Rights

Posted by Joseph Whitcomb on Apr 16, 2017 11:07:55 AM

Bundled Patent Rights

Patent rights are one of the most valuable forms of intellectual property because a patent is not just a single right - a patent actually consists of a bundle of rights. The bundle of rights can be broken down or segmented into individual rights or smaller groups of rights, which can be licensed, assigned, sold, or otherwise exploited for financial gains. Savvy patent holders often work closely with experienced patent lawyers to figure out ways to commercialize their patent rights and other intellectual property.

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Topics: Intellectual Property, patent law, patent lawyer, patent rights

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