A LED Patent Ruled Invalid in District Court for Lack of Enabling Disclosure.

It’s possible to loose your patent rights if the disclosure is incomplete.

Often a patent application is filed and then granted before the R&D is finished as is the case of the source of this post.

Many rush to file a Provisional Patent application to get the “Patent Pending” authorization and filing date. But, within a year they must followup with its Non-provisional Patent Application. The claims of the NPPA can only refer to specifications or disclosure from its PPA.

To provide the fullest IP protection it best to compare the patent claims against any new innovation that may have developed after the filing date. Check with your patent practitioner to see if you should file a Divisional, Continuation or Continuation in Part.

SOURCE: IPwatchDog https://bit.ly/2M7x5Kx
Disclaimer: The content of this post is not legal advice. It does not create any attorney-client relationship. It conveys the personal opinion of the author and should not be attributed to the author’s employer or clients.