If your business is not adapting quickly, it's dying slowly. If innovative products have helped your business get to where it is, then your products will| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
As of 2022, the United States Patent and Trademark Office (USPTO) reported an overall patent allowance rate of approximately 62%, meaning that about six| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Cease and desist letters can affect your ability to sue an alleged infringer downstream under the Doctrine of Equitable Estoppel.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Three types of inventions are eligible for patent protection: utility inventions (useful processes, machines, etc.), design inventions (ornamental| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
No one wants to sell or buy products that look incomplete, irrelevant, forgotten, or moldy. For better or for worse, the look matters. In many cases it| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You cannot infringe a pending patent application. However, under specific circumstances, you can be liability for infringing published claims in a pending| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Amazon provides a structured framework for intellectual property (IP) holders to report intellectual property infringements and for sellers to respond to| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A restriction requirement is typically made between apparatus and method claims. Generally, it is better to elect one without traverse.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A restriction requirement is a mandate to divide the claims because they are directed to two or more inventions. It is cheaper to select one in lieu of fighting. Patent protection for the nonelected embodiment can always be sought by filing a divisional patent application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A claim of priority gives you the right to claim the benefit of an earlier filing date for your patent application. In this manner, your patent| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A claim of priority allows a later filed patent application to have a priority date as of the filing date of an earlier filed application. An intervening prior art can be eliminated as prior art if there is an effective priority claim.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A trademark application can be sought to protect the standard character mark or the design elements of the trademark. In general, you ought to seek| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
"Look before you leap" is a solid rule to live by, especially when trademarks are involved. You need to conduct a trademark search before adopting and| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent attorneys do not need to sign a confidentiality agreement. The state bar which regulates that attorney’s conduct will require that the attorney keep your information confidential. Nevertheless, I recommend you research the patent attorney that you are going to retain to help you get your patent.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
After you pick your trademark to use in your business, you should conduct a trademark search. The trademark search tries to find other marks that are| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
To protect your trademark, you have to file a trademark application with the USPTO. The trademark application can be expedited by filing a petition to| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When preparing a U.S. trademark application, one of the most critical steps is drafting the identification of goods and services. This portion of your| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A copyright is a type of intellectual property that protects artistic creations such as writings, movies, and paintings that a person creates. For| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
We help entrepreneurs and businesses defend against allegations of trademark infringement. We compare the scope of trademark rights and your use of your mark. After the review, we then hold a conference with you where we cover the weaknesses and strengths of your case.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Contracts and trade secrets may be used to avoid patent costs. However, sometimes, you might need a patent.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patents can help businesses make money through four main strategies - commercialization, marketing, selling and licensing.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Inventors do not have a duty to search the prior art before filing a patent application, but it may be beneficial. If you conduct a search, you have a duty to disclose the search results to the USPTO.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A quote or bid on future work triggers the one year time period in which you must file a patent application or waive your right to seek patent protection.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You cannot file a patent application if you wait more than one year after your first offer for sale, printed publication, and public demonstration (i.e.,| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A patent application must be filed within one year from the first offer for sale. A purchase order to your own manufacturer can trigger the offer for sale.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
What is the first inventor to file (FITF) rules for patents? The first inventor to file (FITF) rule in patents means that between two inventors, the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The difference between the first inventor to file and the first to invent rule in patent law is whether the Patent Office looks to the filing dates of the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Public use is a bar to patentability if done more than one year ago unless the use was experimental.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
AIA has not restricted applicability of on sale bar if the existence of an offer for sale is public.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Navigating the Patent System explains Seven Core Concepts to help inventors get started, structure of a well-prepared patent application to equip inventors and frequently asked questions about issues that arise after filing the patent application with the USPTO.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When applying to register a trademark with the U.S. Patent and Trademark Office (USPTO), one of the most important requirements is submitting a specimen—a real-world example that shows how your mark is actually used in commerce. This article focuses specifically on acceptable specimens for trademarks used with goods, not service marks. For information on acceptable […] The post What Is an Acceptable Specimen for Goods recited in a Trademark Application? appeared first on Top-Rated Orange ...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When applying to register a trademark with services listed in the trademark application with the U.S. Patent and Trademark Office (USPTO), it’s essential to submit a specimen that demonstrates how your mark is used in commerce. Unlike trademarks for goods, service marks identify the source of services, such as consulting, legal advice, or cleaning services. […] The post What Is an Acceptable Specimen for Service in a Service Mark Application? appeared first on Top-Rated Orange County Pate...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
If you find someone infringing your copyright on Amazon—such as unauthorized use of your photographs, textual descriptions, or other creative works—you can file a DMCA takedown notice to have the infringing content removed. Filing a DMCA notice ensures Amazon responds promptly to your complaint. They are motivated to comply because failure to do means that […] The post How to Report Copyright Infringement on Amazon appeared first on Top-Rated Orange County Patent Lawyer | Helping Inve...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Trademarks are infringed on Amazon.com everyday. It's your responsibility as a trademark owner to police Amazon.com and ask that ASINs infringing on your| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The examination process starts when you file a patent application with the USPTO. The Patent Office will review your application and issue an Office Action informing you of whether your application will be approved or rejected. The office action - response cycle is all part of patent prosecution.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Telephonic interviews with the patent examiner is highly effective when you are prepared to discuss the rejections.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Foreign patent protection is recommended if there is a concrete pathway to monetize the invention in international markets. While expenses are very high to get a patent, they are relatively affordable to merely preserve the right to seek patent protection in foreign countries.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A written description of the invention supporting the claims is required. It is often difficult to anticipate how the claims will change during examination. The written description requirement can be satisfied even the implicit structure and assembly of the invention which should be included in the patent application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent applications are difficult to write because one must know the level of specificity that must be disclosed to survive an attack on the patent's validity.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A trade secret is a type of intellectual property. Trade secret laws protect valuable confidential information from theft by others. You don't have to| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Written description of the patent should explain without limiting its unique aspects. Don't include a summation statement of the invention.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Be explicit when drafting patent applications because it is cheaper to expressly state a feature than to litigate an issue because you implied the feature.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Main sections of a patent: Background, Summary, Drawing Description, Detailed Description and Abstract| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Software patents require disclosure of algorithms to satisfy the written description requirement. Failure to do so jeopardizes the patent's validity.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Orange County Patent Attorney| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Determining the right ownership structure for your intellectual property (IP) is a crucial decision for startups. In the early stages, the IP is often| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Joint patent ownership may seem generous but we do not recommend it due to the problems it causes.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Here are 3 steps to check if a product is patented. You should complete all three steps even if you find a patent. The patent owner might have multiple| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Employers often face challenges when employees depart, particularly if the employee was close to developing a new product or formula. In California, while| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Online road map showing how one would find and become independently aware of a web page is needed to show that the web page is a printed publication.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
While patent attorneys, patent agents, invention promotion companies, online form companies, and the USPTO all offer to provide assistance with the patent process, you must be discerning in whom you trust to help you and understand how each resource can help you with the patent process.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Lying to the patent office invalidates a patent. Case illustrates the type of egregious conduct that must occur to win on a charge of inequitable conduct.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The US Patent and Trademark Office (USPTO) recognizes three different entity sizes. The first tier is referred to as a large entity. By default, an| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A utility patent is a type of patent that protects new and useful products and processes and their improvements. The patent owner can stop others from| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A design patent protects the visual appearance of a product or the way that a product looks – not its function. On average, the patent office will grant| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
I've developed 8 tips based on my discussions with thousands of inventors. The tips below will help you to:Protect your ideas and inventionsIdentify the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You can get a patent on inventions that meet the four patent requirements. You must also be the inventor to get a patent on the invention.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
To broaden patent protection for a technology, inventors can engage in a practice (“continuation practice”) of serially filing patent applications after receiving a patent. The claims may be presented in a slightly broader form with each new application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You have an idea and wonder whether you should file a patent application to protect your idea. But, you learn that a patent application won't stop the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Best vehicle for broadening patent protection is continuing application since it provides flexibility in crafting claims compared to reissue applications.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The novelty requirement states that a claimed invention must be new compared to the prior art. Meanwhile, the nonobviousness requirement states that a| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Filing your patent application secures patent pendency, but running out of money can put your invention at risk. Maintaining pendency is essential to| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Foreign patent protection can be very expensive and might not be the best choice for every startup. However, there are good reasons to consider| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The Patent Prosecution Highway expedites the allowance of a patent application. When a claim of a patent application in the United States is allowed, a| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A preliminary amendment is an amendment made to a patent application before the first office action on the merits—specifically, before substantive| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The Patent Prosecution Highway (PPH) and the Patent Cooperation Treaty (PCT) are two powerful tools that when used in combination can: Expedite the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
An inventor is any person who contributes to the conception of the invention. A scribe or an investor is not an inventor. Who is an inventor? MPEP 2109| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent assignments are common during the patent process. They allow startups to own the ideas, solutions, and work products of the independent contractors| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Companies acquire invention rights from employees through an express invention assignment agreement (preferred), an employed to invent doctrine and shop rights.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The best mode requirement in patent law ensures that inventors disclose the most effective way of practicing their invention. You have to give away the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Note: This article is part of a series on how to write a great patent application.Below are download links to an outline template, a numbering worksheet| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Courts will import features as limitations into a claim when those features are described as important in the patent application. .| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Closed transitional phrase limits claim scope: accused infringing device avoids infringement if added element is even minutely related to claimed invention.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A claim in a patent or patent application uses the words A, AN, THE, and SAID. This article explains how to utilize these words in a claim properly. The| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Fickleness of patent litigation is illustrated in that the case was won or lost based on the claim construction of a single letter "a" in the claims.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The goal of a claim is to define the scope of protection of a patent. The claim needs to be clear and understandable so that infringers or your| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When applying to register a trademark with services listed in the trademark application with the U.S. Patent and Trademark Office (USPTO), it’s essential to submit a specimen that demonstrates how your mark is used in commerce. Unlike trademarks for goods, service marks identify the source of services, such as consulting, legal advice, or cleaning services. […] The post What Is an Acceptable Specimen for Service in a Service Mark Application? appeared first on Top-Rated Orange County Pate...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
After registering your trademark, the trademark registration needs to be renewed to keep it registered. Otherwise, your trademark will expire. You will lose your trademark rights, opening the door for others to steal the mark away from you. This guide outlines the renewal process in the U.S. and internationally. U.S. Trademark Renewals In the U.S., […] The post Trademark Registration Renewals in the U.S. and Internationally appeared first on Top-Rated Orange County Patent Lawyer | Helpi...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
An obviousness rejection is a determination by a patent examiner that a claimed invention is not patentable because it would have been obvious to combine two or more prior art references together. See Manual of Patent Examining Procedure (MPEP) § 2141. The Low Bar for Obviousness Rejections Rejections based on obviousness is a very low […] The post Understanding and Responding to Obviousness Rejections in Patent Prosecution appeared first on Top-Rated Orange County Patent Lawyer | Helpin...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent attorneys are notorious for using archaic and overly technical language. While efforts are underway to modernize patent jargon, some of the old terminology remains entrenched, and certain attorneys still insist on using it. This can make understanding patent law unnecessarily complicated for inventors and business owners. One such term is “anticipation.” What Does Anticipation […] The post Understanding Anticipation in Patent Law appeared first on Top-Rated Orange County Patent L...| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
If you are a patent owner and have identified a product on Amazon that infringes on your intellectual property, you have the right to take action by| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
James Yang is a patent attorney (and engineer) who has helped inventors and startups in Orange County, Los Angeles County & beyond since 2004.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When applying to register a trademark with the U.S. Patent and Trademark Office (USPTO), one of the most important requirements is submitting a specimen—a| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A set of claims of a patent or patent application will have independent and dependent claims. An independent claim is a claim that does not depend on| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent eligible subject matter is directed to the means and method of a process (e.g., software), not the result or effect.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The purpose of a patent claim is to define the full scope of what is being claimed as the invention. The allowed claims define the metes and bounds of patent protection afforded under the patent. Anyone that infringes any of the claims within a patent is liable for patent infringement damages and an injunction.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Design around refers to the efforts by a competitor to implement changes in their product to avoid infringement of another's patent. In particular, a| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
In order to ensure maximum compensation for any infringements on your patents, your products should include a clear patent marking to show that they are protected…| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Active inducement of infringement: Neither physician nor patient completed all claimed method steps, but physician was responsible for actions by patient.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
An office action is a document prepared and sent by an examiner from the USPTO about the issues with your patent application. Don't worry about the initial rejection. Although most are initially rejected, many rejections are overcome and result in a patent.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
To avoid patent infringement, you need to take three steps: Look for relevant patents related to your product. Review the claims of those patents that you| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A brand relies on distinctness. Distinctness only exists when something can't be copied or stolen. A well-crafted, strong trademark application is more| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
To protect your logo, trademark registration is your primary tool. The logo refers to the design elements of your brand, not just the words. A trademark| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Filing a trademark application is a multi step process to ensure that you have the right information in your trademark application. If you get the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
There are four types of intellectual property that you can use to protect your idea: trade secrets, patents, trademarks, and copyrights. To protect your idea so that someone else doesn’t steal your idea, you need to secure one or more of these four different types of intellectual property.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of services of one party from those of another. In| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The one-year grace period allows inventors to apply for a patent within one year after publicly disclosing or marketing their invention. The start of your| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
One year grace period under the FITF rules have significant disadvantages that lull inventors into a false sense of security. Never use it, if possible.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The three bars to patentability are public use, offer for sale, and printed publication. Inventors can still exploit their invention by doing these things for one year and file a provisional patent application before the year time period is up, but the first-inventor-to-file regime makes that plan very risky.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent prosecution refers to the examination process when filing a patent application and obtaining a patent. Prosecution history refers to the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...