Patent Your Invention
Patent Attorney for Entrepreneurs and Midsize Businesses
Check out these other resources:
Zero to Patent Pending
• Provisional or nonprovisional?
• Short/Long Term Patent Costs
• Benefits of Patent Protection
Navigating the Patent System
• 7 Core Patent Concepts
• Parts of a patent application
• 20 Five Stars Amazon Reviews
Recent Patent Articles
Should you file a provisional or nonprovisional patent application?
By James Yang
For many, a provisional patent application (PPA) should be filed first as a PPA delays downstream patent examination costs and allows one to shift course and expedite patent examination later on, when needed, as explained in detail below.The … [Read More...]

Provisional Patent Application: Cheap Alternative?
By James Yang
A provisional utility patent application is one of the most misunderstood tools of the patent system—at least by non-patent practitioners. From the layperson’s perspective, the provisional patent application is usually viewed as a cheap patent … [Read More...]
Plager calls to overturn current patent eligibility analysis
By James Yang
The holding of Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2018) is similar to Electric Power Group, LLC v. Alstom (Fed. Cir. 2016). In these cases, the courts invalidated the patent as being directed to an abstract idea for claiming an end … [Read More...]

Orange County Patent Statistics for 2018: Midyear Report on Top Innovators
By James Yang
Orange County is a hotbed of innovation, especially considering its size. For 2017, Orange County companies were granted 1,619 patents, whereas Los Angeles companies were granted 1,731 patents. Considering the relative populations of Orange County … [Read More...]

Patent application must enable FULL scope of claimed invention
By James Yang
Boston University's patent claim invalidated for failing to enable its full scope In Boston University v. Everlight Electronics (Fed. Cir. 2018), the Federal Circuit invalidated a patent claim for failing to enable the full scope of the claimed … [Read More...]

Components described as important can narrow scope of patent claims
By James Yang
Components, parts and aspects of a device (i.e., invention) which are described as important or necessary to the invention can be used to limit the scope of the patent. When preparing a patent application, the goal is to describe an invention so … [Read More...]

Does a restriction requirement disclaim non-elected species?
By James Yang
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. … [Read More...]

When are damage calculations based on EMV rule?
By James Yang
Apportionment versus Entire Market Value Rule Damage calculations for patent infringement are based on an apportioned value of the patented feature to the overall accused product. Damages can be based on the entire market value which would increase … [Read More...]