How to obtain foreign patent protection?

Posted On :December 30th, 2012 By James Yang

Overview To obtain foreign patent protection, you must file a separate patent application in each country in which you desire to seek patent protection.  A single, world-wide patent does not exist. Moreover, most foreign countries require that the idea not be disclosed to the public prior to filing.  In other words, they require absolute novelty, [...]

Factors in deciding whether a patent is still enforceable

Posted On :December 27th, 2012 By James Yang

The stock answer is that a patent is enforceable for 20 years upon filing. However, this is not the complete picture. First off, the patent term doesn’t start until grant of the patent which may be anywhere from a few months for design patent and a couple of years for a utility patent. The patent [...]

Merry Christmas and Happy New Year!

Posted On :December 20th, 2012 By James Yang

Warm wishes for a joyous holiday!

Design patents: pros and cons

Posted On :December 19th, 2012 By James Yang

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. Plant patent (not discussed here). Basic differences between utility and design patents Each of these types of patents cover different aspects of an invention. Utility patents protect functional features. [...]

Cheap provisional patent applications

Posted On :December 11th, 2012 By James Yang

Provisional patent applications are lower cost, but not cheap Provisional patent applications are frequently misunderstood, and in my opinion, misused.  Oftentimes, provisional applications are thought to be the poor man’s patent or the cheap patent.  However, the provisional patent application is merely a lower cost option as best described by the United States Patent and [...]

Kappos steps down from the USPTO in January 2013

Posted On :December 4th, 2012 By James Yang

In January 2013, Kappos will step down as Under Secretary of Commerce for Intellectual property and Director of the United States Patent and Trademark Office. You may find more information on patentlyo and ipwatchdog. Back before Kappos was the Director of the United States Patent and Trademark Office, it seems as if everyone was complaining [...]

In-house educational seminars

Posted On :December 1st, 2012 By James Yang

Over the course of my practice, I’ve developed two different presentations that have helped my clients. 1.  7 Core Concepts: Fundamentals for Patent Protection 2.  DIY Patent Search: 3 steps for effectively searching the prior art Click on the links above for detailed information on both presentations. If you would like to me to present [...]

How to invalidate a patent under the America Invents Act (AIA)?

Posted On :November 20th, 2012 By James Yang

Basic Structure Under the America Invents Act, the public can submit evidence to the Patent Office in an attempt to prevent issuance of a patent.  Under the basic structure of the regulations, if the patent application is not published or accessible to the public, then a protest or a preissuance submission may be filed with [...]

DIY Patent Search: 3 steps for effectively searching the prior art

Posted On :November 18th, 2012 By James Yang

DIY Patent Search 3 Steps for effectively searching the prior art Watch the seminar   Web based patent seminar on how to conduct your own patent search in three steps. The three steps include: Brainstorming keywords; Finding the right class/subclass; and Conducting your search. By attending this seminar, you will: Understand the overall process of [...]

Search issued patents and published patent applications databases

Posted On :November 6th, 2012 By James Yang

After brainstorming keywords related to your invention and finding a list of relevant classes and subclasses, search the United States Patent and Trademark Office databases or a third party patent document database (e.g., freepatentsonline.com) for relevant patent documents. Limitations on search Upon filing of a patent application, the patent application remains secret for a period [...]