What is a means-plus-function claim?

By Ameera Haider, law clerk, and Jay Moldovanyi, partner, Fay Sharpe LLP Inventors occasionally create complex, technical devices that can be better described by the function they perform, as opposed to their structure. This is particularly true of inventions in the electronic and computer arts but can also be true of mechanical inventions. Traditional patent […]

Protecting your assets

How startups and small businesses should handle their intellectual property By Theresa A. Rakocy, attorney, Fay Sharpe LLP As a startup or small business, you’ve taken the necessary steps to protect yourself and your assets. You’ve insured your physical assets, such as your building, equipment and vehicles, and you’ve protected yourself by securing insurance and […]

Providing constructive notice of a patent

By William Samore, attorney, Fay Sharpe LLP Marking a product with the word “patent,” or the abbreviation “pat.,” along with one or more relevant patent numbers, is considered constructive notice of the existence of a patent. Providing this constructive notice gives an advantage in infringement disputes because damages for patent infringement are limited to the […]

How to protect your unused trademarks

By Sandra Koenig, partner, Fay Sharpe LLP If you own a corporate trademark, you have to use it, or you’re going to lose it. If your company stops using a particular mark, it can eventually be legally co-opted, in whole or in part, by another party. So why do you care? If you’re not using […]

Protect your website from cybersquatters and copyright thieves

By Sandra Koenig, partner, Fay Sharpe LLP There are many dangers on the Web today, both threats against your company’s website and pitfalls you can inadvertently fall into that leave your site open to legal challenges. Here are areas to look out for. Cybersquatters When a trademark is used in a domain name with the […]

Design patents offer invaluable protection for products

By Matthew Dugan, partner, Fay Sharpe LLP Companies routinely direct substantial resources to the development of new products, which includes the design of exterior shapes and visual characteristics, in addition to the product’s technical and functional features. To protect the look of your new product from being copied, go beyond a utility patent and consider […]

Patent profanity

Language that should not be included your patent protection By Ryan Jones, Associate, and Mark Einsiedel, Law Clerk, Fay Sharpe LLP Patents are secured to protect intellectual property from theft, but they only work as intended if carefully written. It’s important to consult with a patent law firm to ensure that when your patent is […]

Three tips for safeguarding your trademark portfolio

By Sandra Koenig, partner, Fay Sharpe LLP When corporations develop new and unique logos, designs, packaging configurations or even sensory elements and other unique identifying elements of goods and services, they need to protect these distinctive features from being cannibalized. If competitors can reap a financial benefit from piggybacking off your branding efforts, your creativity […]

Is your software patent enforceable?

By Christian Drago, Counsel, and Brad Pulfer, Law Clerk, Fay Sharpe LLP A Supreme Court decision from June 2014 has left some companies with patents on software-related inventions on unstable ground and subsequent lower court decisions only continue to raise questions for those who hold or desire a patent on software. The initial ruling in […]

Patent protection for green technology

By Ann Skerry, partner, Fay Sharpe LLP As green technology becomes more and more a part of our everyday lives, companies may have questions about obtaining patents that protect their inventions. In drafting a patent application, particular attention should be paid to the claims. As with any patent, it is up to you to find […]