Columbus Patent Attorneys & Lawyers

Claim Charts: What Are They?

A claim chart is used to show how a product (or a service) has infringed on a patent, typically a utility patent. To prove the case, the patent owner must show that the product or service in question infringes on every portion of the claims. Claim charts break down complicated claims into easily read arguments that both parties can use when deciding a case. They also make it easier to compromise and negotiate with the other side.

The claim chart breaks down a claim by its specific elements. It doesn't have to cover the entire patent claim, and can only focus on the parts of the claim that are valid. Most lawyers agree that the claim chart is only as good as the claims that it contains. If it does not contain all the claim language, a court cannot determine whether infringement has taken place.

Claim charts have multiple names.

...

What Are MPEP Intended Uses?

MPEP stands for the Manual of Patent Examining Procedure, which is a manual published by the United States Patent and Trademark Office (USPTO) to help patent attorneys, agents, and patent examiners better understand patent law. The concept of "intended use" is the description of an invention by what it does (its function) rather than what it is (its structure), an important distinction in patent law.

Why Are MPEP Intended Uses Important?

MPEP explains all of the laws and regulations that need to be

...

What Are Patent Infringement Damages?

Courts award patent infringement damages to patent holders who can prove that another person or company made, used, or sold a product covered by the patent without the holder's permission. If the court rules in favor of the patent holder, it will decide how much money he will get in damages. The smallest reward paid is typically a reasonable royalty. However, because of the Patent Act, plaintiffs can also recover damages that aren't always available in other cases.

Why Are Patent Infringement Damages Important?

In today's high-tech world, companies aggressively guard their products. One way to do that is by

...

What Is Patent Drafting?

Patent drafting is a part of how to patent an idea and is the process of writing the patent description and claims. It is at the core of every patent application. When the patent is issued or allowed, the draft serves as the specification part of the document.

What Patent Drafting is NOT

Often an inventor wants to complete the patent drafting process by providing an essay or a

...

What Are Patent Defects?

In the real estate and construction markets, patent defects are problems with a property that a buyer finds during an inspection. Patent defects are caveat emptor, meaning it's the buyer's responsibility to find and fix them, if necessary. Sellers are not legally required to reveal patent defects.

Why Are Patent Defects Important?

You assume many risks when buying property. If you buy a property without identifying patent defects, for instance, then you must fix them at your expense.

Furthermore, the seller doesn't have to reveal patent defects. For example, if patio concrete is cracked or a deck railing is broken, it's up to you to find this during your inspection. Otherwise, you can't take legal action against the selling party. You might have legal options, however, if th

...