Buzz Archive:
Five Reasons You Should No Longer Bother Getting U.S. Patents

by Dennis S. Fernandez of Fernandez & Associates LLP, 2/14/2008

According to the US Supreme Court in the recent Ebay case, there is no longer any assurance that rightful owners of valid US patents have any legal right to prevent unlawful trespassers from infringing his or her patent. In particular, the Ebay case specifically held that mere patent owners (e.g. non-practicing inventors or university researchers) cannot automatically assume they have any legal power to litigate against proven infringers to seek injunctive relief to block unlawful trespass.

This week, patent expert Dennis S. Fernandez of Fernandez & Associates LLP opines on the current state of U.S. intellectual property.