Patent
protect an invention
Patents Don't Protect People From Stealing Your Inventions Patents vs. Trade Secrets
Patent a system
the supreme court unequivocally stated that if you have an idea so abstract that it cannot be patented, simply tying it to a “generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.” It also stated that tying an abstract idea to “purely functional and generic” hardware similarly would not make the idea patentable.
an improvement on existing IP
- https://yourtrademarkattorney.com/
- https://ip-appeals.com/use-a-trademark-lawyer-rather-than-legalzoom-or-trademarkia-for-your-trademark-registration/
- https://ip-appeals.com/
- https://www.youtube.com/watch?v=h-F3wJwzlYc
- https://www.trademarkia.com/
- https://www.mekiplaw.com/nfts-and-trademarks-the-ultimate-guide/
- https://arapackelaw.com/patents/softwaremobile-apps/nft-intellectual-property/
- https://www.mondaq.com/unitedstates/trademark/1152422/nft-trademarks-dos-and-don39ts
- https://kleinmoynihan.com/nft-trademarks-dos-and-donts/
- https://syedlawoffices.com/blog/can-you-trademark-an-nft/
- https://www.gerbenlaw.com/
- https://www.nerdwallet.com/article/small-operations/trademark-vs-copyright
- https://www.thebalancesmb.com/copyright-or-trademark-what-s-the-difference-397831
Patent claim differentiation
Patent claim differentiation refers to the practice of crafting claims in a patent application in a way that distinguishes the invention from existing prior art. The goal is to clearly define the scope of the invention and differentiate it from similar or related technologies.
In a patent application, the claims section defines the legal boundaries of the invention and determines the extent of protection sought. The claims describe the specific features, elements, or steps that make the invention novel and inventive compared to prior art.
Claim differentiation is important for several reasons:
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Novelty: Claims need to clearly distinguish the invention from the prior art to establish its novelty. By highlighting specific novel features or combinations of elements, the claims demonstrate how the invention is different from what already exists.
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Patentability: Patent laws require an invention to be non-obvious to a person skilled in the relevant field. Claim differentiation aids in establishing the non-obviousness of an invention. By emphasizing inventive aspects or unexpected results, the claims can demonstrate the non-obvious nature of the invention and argue against obviousness objections during the patent examination process.
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Scope of Protection: The claims define the boundaries of the patent owner's rights. Claim differentiation helps to clearly specify what aspects of the invention are covered by the patent. By carefully crafting the claims, the patent owner can ensure that competitors cannot easily design around the patent by making minor modifications to achieve a similar result.
Claim differentiation can be achieved through various techniques, including:
- Incorporating specific and unique features or elements that are not found in the prior art.
- Describing the invention's advantages, improvements, or technical effects over existing technologies.
- Emphasizing the unexpected results or surprising aspects of the invention.
- Defining the invention with clear and specific language to avoid ambiguity and ensure a narrow or broad scope of protection, depending on the desired strategy.
It's important to note that claim differentiation should be balanced with the requirement of clarity and support in the patent specification. The claims need to be supported by the disclosure of the invention in the patent application.
Overall, claim differentiation is a strategic approach to clearly define the novelty, inventiveness, and scope of protection of an invention in a patent application. It helps to distinguish the invention from the prior art and establish a strong position for obtaining and protecting patent rights.