Blog
Obviousness in Three Minutes
https://vimeo.com/501518264 Hi, I’m Andrew Berks, a US patent attorney, and I want to explain in 3 minutes what obviousness is, and how we address obviousness arguments from patent examiners, and how obviousness can even help you. One of the basic concepts of the...
Best Practices in Patents: Why You Should Assign Your Patent
Assigning a patent application to a corporate entity (C-corp, S-corp, or LLC) is almost always a best practice. Many inventors don’t understand the value of this procedure, so lets break it down and explain why it should be done. What is a Patent Assignment? A patent...
What to Do If You Are Sued for Patent Infringement
I’m Andy Berks, patent attorney. I’m going to talk briefly today about what to do if you get sued for patent infringement. This is something that could happen to anyone working in any kind of product development or manufacturing, or even...
What You Need to Know About the Written Description Requirement in Patents
I’m Andy Berks, patent attorney. Today I’m going to tell you about the written description requirement and why its important. The written description requirement is a substantive requirement of patentability that essentially requires that...
The Value of Patents
I’m Andy Berks, patent attorney and scientist. I’m going to talk today briefly on the value of patents. Many people have a vague idea that patents are valuable and protect the intellectual property of inventors. This is true, and I’m going...
Prior Art Searches in Patents — Why Do You Need Them?
I'm Andy Berks, patent attorney and innovation enthusiast. Today I'm going to tell you why you should get a prior art search if you've made an invention and are thinking of filing a patent application. A key feature of patents is they only...
How Misaligned Incentives Are Now Killing Us
Facts matter. Policies matter. And thanks to the current coronavirus pandemic the world is learning first hand why the path chosen by the Supreme Court to shut down medical diagnostics in America was a mistake of epic proportions. By Andrew Berks & Gene Quinn |...
You Receive a Cease and Desist Letter – Now What?
What should you do if you receive a cease and desist letter claiming you are infringing someone else's patent, trademark, domain name, or other intellectual property? You want to address this situation strategically, and not ignore it. Get legal advice. Don't respond...
What to do if Someone is Infringing Your Patent
Patent owners should watch their competitors and markets for infringing activity. If you find a potential infringement, contact a patent attorney. Likely courses of action include a cease-and-desist letter, a license agreement, mediation, or some other negotiated...
Why Should You Get a Patent?
Many people think they don’t need a patent -- I explain why that may be the wrong attitude. An issue for many tech entrepreneurs is whether they should spend the resources (money and time) on getting a patent. Let me address the issues here why you should or should...