by Kathleen Lynch | Apr 21, 2026 | Entrepreneur, Entrepreneurship, Innovation, Intellectual Property, International, Invention, Inventor, IP, Logo, Patent, Protection, Service Mark, Trade Dress, Trade Name, Trade Secrets, Trademark, Uncategorized
Sunday, April 26th is World Intellectual Property Day. Established in 2000 by the World Intellectual Property Organization. (WIPO), this day serves a vital purpose: to pull back the curtain on the world of intellectual property (IP) and show how it shapes our daily lives.
This Year’s Theme: The Spirit of Sport
This year, we are shining a spotlight on the intersection of innovation and athletics. From cutting-edge equipment and game-changing technologies to the iconic brands that define our favorite teams, IP is the engine driving the sports industry forward.
We celebrate:
- The Creators & Inventors: Whose devotion leads to safer, faster, and more effective sports gear.
- The Storytellers: Whose copyrighted broadcasts preserve historic moments for generations.
- The Brands: The trademarks, logos, and colors that unite fans across the globe.
More Than Just a Game
The next time you lace up your running shoes or pick up a tennis racquet, take a moment to consider the genius behind them. Whether it’s a patent for a new material, a design for aerodynamics, or a trade secret that gives a brand its edge, IP doesn’t just protect ideas—it enhances the way we play and live.
Is Your Innovation Protected?
Protecting your developments is critical to staying competitive. In a fast-moving market, having the right legal partner to navigate these decisions is the ultimate “home-field advantage.”
The Law Office of Kathleen Lynch PLLC is dedicated to helping businesses like yours keep ahead of the game.
Ready to protect your vision? Your first consultation is free. 📧 Email us today: kl****@*****aw.com
by Kathleen Lynch | Apr 7, 2026 | Entrepreneurship, Infringement, Innovation, Intellectual Property, Invention, Inventor, Patent, Start Up, Start Up Considerations, US Patent Office
In patent law, making sure that all the correct inventors are named in a patent application is critical to the validity of the patent. If an inventor is incorrectly included, or if an inventor is omitted from the list of named inventors, it can result in a patent being found invalid and thus unenforceable.
This happened recently to Fortress Iron, LP (“Fortress”). This week, the U.S. Court of Appeals for the Federal Circuit ruled against Fortress in Fortress Iron, LP v. Digger Specialties, Inc.,. The case involved a couple of issued patents directed to a vertical railing panel that could be purchased as a pre-assembled panel. The idea was initially developed in 2013 by two Fortress employees in the U.S. However, the initial design had issues relating to rotation of the panel during tensioning of the cables. Fortress works with two Chinese companies, a manufacturing company and a quality control company to produce its products. An employee from the manufacturing company and an employee for the quality control company worked with Fortress to revise the railing panel design to alleviate the rotation during tensioning.
After a final design was completed, Fortress applied and obtained two patents for its vertical railing panel. Both Fortress employees were named as inventors but neither the manufacturing company employee nor the quality control company employee were named as inventors. In 2016, the quality control employee involved in the design of the railing panel left his employment and did not provide a forwarding address.
In 2021, Fortress sued Digger Specialties Inc. (“Digger”) for patent infringement of the two patents directed to the vertical railing panel. During the lawsuit, it was discovered that the two Chinese employees were omitted from the patents when they should have been included. Moreover, Fortress could not amend the patent to include the quality control employee because he left no forwarding address after his employment and could not be found.
The appeals court ruled that because Fortress was not able to name him as an inventor, the patents were invalid. Fortress was unable to assert its infringement claim against Digger because the patents were no longer valid and thus unenforceable.
What’s the takeaway here? Patent inventorship is an important consideration when filing for a patent. Inventorship is defined as a person who has contributed to the conception of the invention. Conception has been described as someone who has a definite idea of the complete invention. Because the claims of a patent define the invention, an inventor is anyone who has contributed to the conception of at least one claim in the patent. Failure to include an inventor or including a non-inventor can jeopardize the validity of your issued patent.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Mar 31, 2026 | Entrepreneur, Entrepreneurship, Innovation, Invention, Inventor, Patent, Patent Prosecution, Patentability, Small Business, Start Up, Start Up Considerations, Uncategorized, US Patent Office
A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection and draft accordingly.
The United States Patent Office recently launched the AI Search Automated Pilot Program. The program is designed to evaluate the examination process by including an automated pre-examination search, and whether the inclusion will improve quality and efficiency of examinations.
The program (ASAP!) will conduct an automated search for original, noncontinuing, nonprovisional applications. The automated search results will be sent to the applicant and will provide an earlier communication regarding potential prior art issues. Under the pilot program, applicants will not be required to respond to the search results.
However, the search results may provide an opportunity to the applicant to file a preliminary amendment in an effort to place the application in a stronger position for allowance. Alternatively, the applicant may wish to file an express abandonment and obtain a fee refund in view of search results that indicate a lack of patentability.
Recently, the U.S. Patent Office has announced that it is waiving the fee requirement for any petition to participate under 37 C.F.R. 1.182 filed after March 23, 2026. This should enable self filing entrepreneurs and inventors to take advantage of this new program for free!
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first consultation is free. Email us at kl****@*****aw.com.
Photo by Szorstki on FreeImages
by Kathleen Lynch | Mar 26, 2026 | Patent, Patent Prosecution
A client of mine read this post and found me. He recently contacted me about a different matter, and it reminded me of this post, so I thought I would share it again.
We hear a lot these days about cost cutting and austerity. I also hear a bit of grousing from time to time from people who use IP legal services about costs. I believe inventors and companies can find reasonably priced intellectual property law services when the potential client does her homework.
First, check out smaller cities, towns and suburbs. Larger cities have higher overhead costs. Firms pay more for rent, salaries etc. Smaller cities and towns have many talented patent firms, attorneys and agents equally qualified to do the work at more reasonable rates.
If you are focusing on patent preparation and prosecution, you don’t need to stay in your own backyard. With all of the wonderful modern tools of connectedness, your patent agent or attorney can be as close or as far away as you want them to be. Documents are easily exchanged via the internet, and telephone and video conferences can connect folks who are time zones apart. Where there is a significant distance, time zones may become an issue, but you will find that most patent attorneys and agents are willing to provide the necessary flexibility to make the relationship work, including trips to your offices at a discount or gratis in exchange for keeping your business.
Background matters. Take a look and ask questions about what kind of work your patent attorney does. What was his or her major in college? Did they work as a scientist or engineer before they practiced patent law? If so, what did they do? What is the focus of their present practice? If you are looking for someone to prepare and file a patent application, you don’t want to work with someone whose experience is limited to patent litigation. Just like you wouldn’t allow your internist to perform heart surgery, you don’t want someone with a chemistry background preparing patent applications for you if you are in the high tech industry. Find someone who has the technical background suited to your project, as well as the experience needed to meet your needs. In looking for possible patent attorneys or agents, check out the US Patent and Trademark website which enables you to search either for a particular person or those registered to practice before the US Patent Office in a particular location. Once you have that, check out their credentials and ask questions before you make your decision.
Selecting the right patent attorney is important to ensure your patent strategy is managed by someone with the appropriate experience and background. The Law Office of Kathleen Lynch PLLC has over 35 years of experience in the preparation and prosecution of patent applications and is designed to help businesses such as yours keep ahead of the game. The first consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Jul 20, 2015 | Patent
Patent trolls are a term used to a patent owner or licensee that seeks payment from companies allegedly infringing on the troll’s patent rights. Rather than fight the allegation, the company complies with the troll’s demands. The patent troll typically sends out multiple letters and thus may amass a considerable fortune.
Many companies are growing tired of the patent trolls and their seemingly unjust demands. To counter the trolls, many states have or are in the process of enacting anti-troll legislation. Florida, for example, recently passed a law that seemingly protects businesses from the demands of the patent trolls. The law enables a company to sue a patent troll for sending a letter in bad faith. The law includes a “loser pays” provision meaning that if the patent troll loses the action in court, they will need to pay the attorney’s fees for the opposing party as well as any damage award.
What’s the take away here? Well, patent troll legislation may be needed. However, the language and provisions need to be drafted in such a way that does not create more problems than the problems they are designed to fix.
Identifying, protecting and asserting your intellectual property rights is critical to any organization. Having the right person to help you through the process is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Jun 26, 2015 | Patent
Turns out, big business can play nice. In an effort to encourage innovation, Ford Motor Company recently announced that it will allow competitors to access its patents relating to electric and hybrid vehicle technology. Executive Chairman William Clay Ford, Jr. says that the release of the patents was for “industry-wide research and development of electrified vehicles” and the goal of sharing the patent portfolio is mainly to spur innovative development. By sharing ideas, competitors can allow for more industry wide development and faster results. Sharing data and patents is also expected to allow for the mass production of electric cars so that they become more affordable for consumers.
The Ford patent portfolio at issue is substantial. In 2014 alone, Ford filed for over 400 patents relating to electric vehicles. In addition, Ford owns over 650 such patents, with an additional 1,000 patents currently pending in the area of electric and hybrid vehicle technology.
Any company interested in investigating this technology can either contact Ford’s technology commercialization office or access the patents through AutoHarvest, which is a website for members to share and explore new technologies. Ford is a co-founder of AutoHarvest. There will be a fee to access the patents.
Ford’s sharing of its patent portfolio is well intended. However, it also makes good business sense. If new developments are made based on Ford’s technology, there is a potential licensing stream or other business arrangement in Ford’s favor. The electric car market is fast-growing, Ford has an opportunity to capitalize on continued growth of the electric and hybrid vehicle markets as well as future battery developments.
Patent sharing seems to be a recent trend for automobile companies, but Tesla was in the forefront. Last year, Elon Musk of Tesla released Tesla patents relating to electric vehicle and battery technology to help other companies produce better electric cars, and boost consumer confidence when switching to electric cars. Musk was quoted as being “frustrated” that other companies had not yet produced long-range electric cars. The likely thinking for Tesla and Ford is that speeding the adoption of electric vehicle and battery technology will help their organizations more than their competitors.
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
