Patenting for Inventors

You cannot get a patent if your invention is obvious. This can be tricky to determine for biotech and pharmaceutical patents. There are competing standards for how this is determined. One is the "reasonable expectation of success" standard, which is a lower threshold than the "predictable results" standard. The Supreme Court refused to hear a case that would have settled this, so we're left with the Federal Circuit's ruling in the case of Vanda Pharmaceuticals vs. Teva Pharmaceuticals. Listen to this episode to learn how these tests can give different results for patentability and what it means for the future biotech and drug patents!

Is there a simplified process to get near worldwide design patent protection? Learn about the closest thing we have to worldwide design patent registration by filing your design through the International Design Registration system under the Hague Agreement.

While I focus on patents in this podcast, you should also know some basics about trademarks. In this episode I go over some things to think about when deciding on a name for your product or business. I go over the five categories of marks: generic, descriptive, suggestive, arbitrary, and fanciful, and what to watch out for when picking a name.

In this episode I go over the basics of patent infringement, including direct infringement, induced infringement, contributory infringement and the doctrine of equivalents.

In this episode of the "Patenting for Inventors" podcast, I go over how to correct simple mistakes in an issued patent using a Certificate of Correction.