Ideas. Owned.®
Minneapolis Intellectual Property Law Blog
Getting Priority Right
By Jay Erstling The European Patent Office Board of Appeal recently handed down a decision on the requirements for validly claiming the right of priority of a first-filed patent application. The decision, which upheld the ruling of the EPO Opposition Division to...
How long does the trademark process take?
Getting a product or service to market is a complicated process with many moving parts. Filing for trademark protection is one of those “parts” that ensures certain legal protections for the names and brand elements associated with your product or service. Securing...
4 things that should be part of your trade secret policy
Protecting trade secrets is typically an inexpensive and vague process. The approach can vary from business to business. However, one consistent element should be a solid trade secret policy. This policy directs the business and employees in terms of keeping trade...
Keeping trade secrets secure when your workforce is remote
Workplaces across Minnesota have been adjusting to the changing limitations presented by COVID-19. Some companies have closed down temporarily or permanently, while others have been able to make the transition to a fully remote workforce. While working remotely can...
4 ways to protect your product from counterfeiters
Maintaining product integrity and brand reputation is a top priority for companies - particularly companies that sell their products online. Counterfeit products that do not look or perform like the real thing adversely affect sales and standing in the marketplace....
Patents and inventors: 3 things to know
When people think of inventors, they often imagine some version of a person in a lab or on the computer working to come up with ideas for new products. However, inventorship can take various forms. Defining who is and is not an inventor in the eyes of the law can be...
Timing matters in inter partes review
Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time. Out of the...
No harm, no foul
Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge...
Avoiding patent eligibility challenges
Having a patent can be crucial for a business or individual, as it allows this party to profit from their invention. Without a patent, others can make, use and sell it without your permission. As such, if you have an invention and you want to protect it, filing a...
Can I lose patent rights?
Patenting inventions can be a valuable way for business owners to control the use of their invention and make money. However, complications in the application and use process can create some problems that business owners who are not familiar with intellectual property...