iPrighTSaTTradeShowS — ParTii : PaTenTS
Intellectual property law Section Chairs : AndriyLytvyn – HillWardHenderson & PatrickReid – HillWardHenderson
Tradeshowspresentagreatopportunityto showcaseinnovation , connectwithcurrentand prospectiveclients , andtogatherinformationabout thecompetitors . awell-establishediPstrategycan helpmaximizeopportunityandminimizerisk .
The January / February 2023 issue of this Lawyer magazine published an article on the topic of intellectual property ( IP ) issues that may arise at trade shows . That article explored the subject of potential opportunities and risks in the context of the trademark law , while this article analyzes this subject from a patent law perspective .
Background Let ’ s start with the basics . What is a patent ? A patent is a legal right to exclude others from making , using , selling , or importing the claimed invention . There two types of patents : utility and design . In a nutshell , utility patents protect functional aspects of a product or a method , while design patents protect aesthetic and ornamental features .
FIG 1
FIG 2
Utility Patent US 10,933,195 ( issued to my wife )
Design Patent US 683,268 ( issued to Tesla , naming Elon Musk as an inventor )
If your client has an innovative product , then building a strategic patent portfolio around that innovation can be a worthwhile endeavor . There are many ways in which a well-executed patent strategy can bring value to a company , including creating barriers to entry , increasing market share , generating licensing revenue , deterring lawsuits from competitors , and the list goes on .
Practical Advice for Trade Show Exhibitors
1 . Secure “ Patent Pending ” Status Prior to the Trade Show Date Patent rights are extremely time sensitive . If your client is planning to showcase an innovative product or service at a trade show , that should be an immediate trigger to consult with a patent attorney . Exhibiting a product or a service at a trade show likely constitutes a “ public disclosure ” or “ public use ,” which carries important legal implications with respect to patent rights . In the United States , a public disclosure date triggers a one-year grace period during which your client must apply for patent protection — otherwise , any possible patent rights in the displayed product will be irrevocably lost , and the innovation embodied in the product will fall into the public domain . Foreign jurisdictions , including Europe , have even stricter laws requiring “ absolute novelty ,” which means that if a company does not have a pending patent application when its product or service is revealed to the public , that company forfeits its right to seek patent protection in those jurisdictions .
Good news is that there is a quick and efficient way of protecting your client ’ s rights : filing a provisional patent application . A competent patent attorney should be able to prepare and file an urgent provisional patent application describing and illustrating your client ’ s invention within a matter of
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