The Three Payments That Prevent Expiration

Posted by COFFYLAW, LLC

[vc_row triangle_shape="no"][vc_column][vc_column_text css=""] Utility Patents Require Three Maintenance Payments Under 35 U.S.C. Section 41(b), maintenance fees on an issued utility patent come due at 3.5, 7.5, and 11.5 years after the patent's grant date. Missing any one of these three payments causes the patent to lapse, regardless of how much time remains on the original 20-year term measured from the filing date. This staged payment structure differs considerably from foreign patent systems, which often require annual annuity payments that increase steadily throughout the patent's life rather than three larger payments spread across specific milestones. A Brooklyn patent lawyer tracks these maintenance deadlines carefully for...

20 July

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What Courts Can Do About Infringement

Posted by COFFYLAW, LLC

in Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text css=""] Federal Law Provides Several Categories of Remedies Under 35 U.S.C. Section 281, a patent owner has a civil right of action against infringement, and courts can award damages, injunctions, and in certain cases enhanced damages and attorney fees. These remedies work together, and a strong infringement case often pursues more than one category at the same time. Which remedies actually make sense in a given case depends heavily on the infringer's current behavior, since a company that has already stopped selling the infringing product presents a very different situation than one still actively competing in the market. A New York City...

11 July

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The Clock That Starts the Moment You File

Posted by COFFYLAW, LLC

in Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text css=""] A Provisional Application Secures an Early Filing Date A provisional patent application establishes an official filing date with the United States Patent and Trademark Office and allows the inventor to use the phrase "patent pending" while deciding whether to pursue full protection. Unlike a non-provisional application, a provisional filing is never examined and is never published, giving an inventor a lower-cost way to hold a place in line while assessing the invention's commercial potential. This lower upfront cost and simplified filing process make provisional applications especially useful for inventors who want to lock in a filing date quickly, before finishing...

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The Three Payments That Prevent Expiration

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The Clock That Starts the Moment You File

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