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May 1, 2020Peter L. Brewer

Bumping Into Your Own Prior Art

There are a number of instances in which an inventor may have his or her own prior art cited against them, either during prosecution of a patent application or during enforcement of an issued patent. The inventor himself likely will not tell the patent attorney about such prior art. Therefore, the diligent attorney will want to raise the issue with the client at the time the application is being drafted or filed.

Intellectual Property Basics for Business Lawyers

Intellectual property (“IP”) arises in numerous forms and can be among the most valuable assets of a business. It is intangible property and includes patents, inventions, copyrights, trademarks, trade secrets, and mask works. Copyright includes a broad range of works of authorship, such as software, software manuals, movies, books, paintings, or practical items such as a company website or operating manual. Because of the intangible nature of intellectual property, it must usually be protected or it can be lost. Federal and state statutes and the common law provide for the protection of intellectual property. They create legal rights for owners to use intellectual property and to pursue legal remedies for violation of such rights.