A couple of pet peeves on IP-speak

Posted by J. Matthew Buchanan

November 24, 2004

The popular media often writes about and discusses intellectual property issues. I sometimes cringe at things they write and say, and wonder why they don’t consult with someone prior to publishing their work.

Two of my pet peeves follow:

1. "The patent on…."

How many times have you heard the phrase "He has THE patent on the so-and-so…"? While someone or some entity may have a patent on an invention, anyone who has ever performed a clearance investigation will tell you that this phrase is misleading. Some products are covered by many patents. This phrase may have been accurate more frequently during earlier times, but as we approach issuance of the seven millionth US patent, it is misleading and often incorrect.

2. Trademarked/Trademarking

When discussing the filing of a federal trademark application, the media often says something like "He is trademarking his name…" (Paris Hilton recently made such news…)

Not true, and, again, somewhat misleading. When filing a federal application, the applicant is seeking to register their mark, not create the mark.

Uncategorized