Declaratory Judgment Act The Declaratory Judgment Act provides that in a case of actual controversy within its jurisdiction, any court of the United States may declare the rights of any interested party seeking such a declaration, regardless of whether or not further relief is or could be sought. A defendant’s patent attorney that files a motion to dismiss under Fed. R. Civ. P. 12(b)(1) tests the subject matter jurisdiction of the court to determine […]
HIRING AN EXPERIENCED PATENT ATTORNEY OR GOING AT IT ALONE One of the most asked questions: “Can I file a patent application myself.” Practically, NO! You wouldn’t jump out of an airplane without a parachute and you shouldn’t file a patent application without the help of an experienced patent attorney. A patent attorney can […]
INVESTORS WANT PATENTABILITY SEARCHES Investors want a return on their capital. So when you approach investors, they want to see that you have taken the steps to protect their capital by way of a patent application. But the reality is that most patents take two to four years to issue, and so you will seek investors shortly after […]
