Subsequent patent application must maintain consonance and not cross the lines of demarcation in a restriction requirement. Otherwise, your patent is invalid.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A Double Patenting Rejection is a common issue faced by inventors who try to obtain two or more patents for the same or similar invention. Why someone| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A Patent Term Adjustment (PTA) is an extension to a patent's term due to delays caused by the Patent Office. Find out how to maximize the PTA.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Included are citations and notes regarding US Patent Laws. These can be used for your future reference.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
An application data sheet is a document submitted by the applicant to the USPTO listing the bibliographic data of the patent application. The| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A notice of allowance is an office action from the Patent Office which informs the patent applicant that the claims in the patent application can be| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A divisional patent application is a type of application that is filed after an original nonprovisional patent application (also known as a parent| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
James Yang is an Orange County Patent Lawyer serving the Southern California area. Contact me to resolve your patent matters.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Two deficiencies in working with a patent agent. 1) No attorney client privilege. 2) Patent agents cannot give advice in other areas of IP.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
In an ideal world, startups could test their inventions in the market without needing to invest in a patent right away. That's how it used to be until the| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A confidentiality agreement (nondisclosure agreement or NDA) is a promise by a recipient to keep the information of the discloser secret. The pros of using an agreement are that it is both fast and low cost to use. The cons are that there are so many exceptions to the duty to keep secret.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When you pitch your invention idea to someone, you have two types of protection that you can utilize: contract protection and patent protection. Both have pros and cons in terms of cost and speed to put the type of protection you want in place.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Various types of intellectual property can be used to protect your idea - utility patents, design patents, trademarks, copyrights, and trade secrets. Each| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Publicly marketing an invention without filing a patent application creates risks under the first to file that were not present under the first to invent.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
All of the following should be understood before seeking a patent: The patent process is lengthy and may take one to four years to complete but can be expedited with a prioritization request. Additionally, funds spent on the patent application are only the start. More money needs to be spent on examination costs.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You should file your patent application as soon as possible if there is a valid business justification. However, in most circumstances, I recommend doing| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A nondisclosure agreement and other basic agreements protect you before you start marketing your invention. These basic agreements protect you against| 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...
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 patent process is lengthy and costly. Each step of the patent process has its own set of challenges that could cause you to waste time and money. Mitigating the waste is worthwhile.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
For the past four years, the USPTO become faster at examining applications. However are they just too fast. There are benefits for delayed examination| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The patent process timeline may be long and further expenses may be incurred over and above the basic cost of preparing and filing the patent application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Provisional Patent Applications may be a lower cost option compared to non provisional applications but it still is not a cheap option if properly done| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Expedited examination and other programs are used to allow patent applicants to receive examination earlier for those the USPTO or the applicant deems important.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
You don't need a prototype to get a patent. However, there are many benefits of building one before filing a patent application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
When you launch your product into the market, everyone is watching. If it becomes a popular product, your competitors will buy it, disassemble it, and| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Claim construction refers to a set of rules that help determine the scope and meaning of a patent's claims. These rules are essential for understanding| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Incorporating known components and methods by reference to its industry name provides implicit support even if not expressly stated in patent specification| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Obviousness is based on path PHOSITA would have taken, not path the inventor actually took. Hence, new compound based on known path can be nonobvious.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
If you underpaid your USPTO fees because of your entity size, you need to pay the Patent Office what you should have paid. Otherwise, your patent is| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The two main types of patents available in the United States are utility patents and design patents. They offer different protections, so it's important| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Stopping the competition is the primary reason for getting a patent. However, in certain situations, you should forego getting a patent.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The average cost of a patent is between $15,500 to $28,000. The average patent costs depend on various factors: Whether you file a provisional or| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Many people call me and tell me that they want to get a patent so that they sell it or license it to make money. If this is you, continue reading. So,| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent office has been calculating patent term adjustments incorrectly due to new definition of "overlap" of delays| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Basic types of patents Three types of patents are issued by the United States Patent and Trademark Office. 1. Utility patent; 2. Design patent; and 3.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A design patent will cost $1,950 to $5,500. Initially, the design patent application will cost $2,000 to $3,500. After submission, examination costs and| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Design patents provide fairly narrow coverage but are still useful in certain situations such as protecting a product line style, seeking trade dress protection.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Errors in an issued patent undermine its enforceability, create ambiguity, or even affect its validity. Patent rules provide mechanisms to correct these| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A proper teach away argument requires proof that prior art references abandoned combination suggested by the examiner in making the obviousness rejection.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Prior art must disclose EACH limitation for a proper anticipation rejection and not just be one that can be immediately envisaged by a skilled artisan.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
An office action is a written explanation of an examiner’s review of your patent application. In the office action, the examiner may object to, reject, or allow the patent application.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A request for continued examination (aka RCE) allows a patent applicant to continue the examination of their patent application after patent prosecution| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A maintenance fee is a fee paid to the United States Patent and Trademark Office after the patent grant. A utility patent has three maintenance fees at 3| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Intervening rights is a defense to patent infringement. Essentially, they come into play when a patent owner allows a patent or patent application to| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Overview of the patent process from conception, patent searching, through filing, issuance and maintenance.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A final office action indicates that a patent application has been rejected twice. The examiner does not need to consider further amendments and| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A continuation-in-part patent application is a type of application that incorporates the subject matter of the parent application and additionally| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Understanding the Presumption of Validity in Patents All issued U.S. patents carry a presumption of validity, meaning they are assumed valid unless proven| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
A patent examiner is an employee at the USPTO who will review your patent application and ultimately decide whether your patent application will be| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
Patent drawings are a crucial part of both utility and design patent applications, serving distinct roles depending on the type of patent. In utility| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
One of my law practice philosophies is that I want my clients to have information about the patent process before they secure patent protection on their invention. Celebrate the victories but don't get too down on the rejections.| Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, L...
The Broadest Reasonable Interpretation (aka BRI) means that the words of the claim are given their plain meaning unless such meaning is inconsistent with| 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...
The foreseeability of a structure does not limit the application of the doctrine of equivalents in broadening a patent's claim limitation.| 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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
Orange County Patent Attorney| 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...
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...
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...
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...
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...
