Prior art search – the gold standard

By Donal O’Connell Prior art Prior art or state of the art or background art in most systems of patent law constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent’s claims of originality. If an invention has been described […]

Operation Ninja S.T.A.R. – Help fight patent trolls

By Peter Vanderheyden from Article One Partners.  Introduction Imagine you’re a startup that just created an exciting new online game. But then, just as it gains popularity (and a little revenue), you get a letter claiming your new game infringes a mysterious company’s patent. The company demands that you pay a sizable settlement fee or […]

Diligent Intellectual Property Management for Business Success

By Peter Ackerman What do a Koosh ball and a tab of Viagra have in common? Aside from the pleasure they bring to millions, their economic success is premised upon the same type of IP protection. The company that makes Koosh balls – rainbow-colored, plasma-filled rubber balls with protruding soft rubber spikes – and the […]

Crowdfunding 101: Don’t forget to protect your idea

By Mary Juetten and Efrat Kasznik The ‘Jumpstart Our Business Startups’ Act, otherwise known as the JOBS Act, hit another milestone with the recent lifting of the 80-year ban on solicitation. At our last count, there were over 1,000 crowdfunding platforms awaiting the US-wide equity crowdfunding ‘Title III’ SEC regulations, anticipated to be released in […]

The Future of the Innovation Patent System

In the context of the current review of the current Australian Innovation Patents System [i] By Ian A. Maxwell For a standard Australian patent to be granted, an invention must be amongst other things both novel and inventive. The test for novelty differs from one patent jurisdiction to another but has some universally common features. In […]

Dissecting intangible assets

By Donal O’Connell Dissecting intangible assets Imagine for a moment the Royal Air Force’s roundel, that red, white and blue circular identification mark painted on aircraft to identify them. That roundel has also been associated with pop art of the 1960s It became part of the pop consciousness when British rock group The Who wore […]