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You are here: Home / Archives for Patent application process / Before filing a patent application

Before filing a patent application

Before filing a patent application, among other activities, you must make sure that you own the patent rights, it is eligible for patent protection and also new and non-obvious. Browse related articles below.

What are the differences between utility patents and design patents?

June 21, 2022 by James Yang

Airplane Wing Function

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 to understand their differences before you decide which one to apply for.A utility patent protects the specific function of an invention (e.g., a method or machine). It does not protect any ornamental features of that … [Read more...]

Pros and cons of getting a patent

February 17, 2022 by James Yang

Orange County Patent Attorney

A patent is a right to exclude others granted by the government to inventors for their invention. I’ll explain the pros and cons of getting a patent. By the end of this article, you’ll know the #1 reason you ought to consider getting a patent for your product.https://www.youtube.com/watch?v=r3cHRDEU8Ok Primary pro of getting a patent With a patent, you can force the … [Read more...]

Can you patent an existing product?

December 17, 2021 by James Yang

Screw Driver

You've just seen a product and think that it is incredible.  You want to start to sell it, but first, you want to know if you can get a patent on that existing product. You cannot get a patent for an existing product for two reasons.  First, you are not the inventor.  Second, the existing product is not new (i.e., novel) which is one of the legal requirements to get a patent.  … [Read more...]

8 tips to successfully protect your idea

December 12, 2021 by James Yang

8 Tips Successful Patenting

If you are new to inventing, I recommend that you do the following things: Most ideas do not make money for the inventor.  Most inventions drain the resources of the inventor in terms of both time and money.  The steps below will help you to discard mediocre ideas and identify more promising inventions. Tip #1: Invent in your own area of expertise or hire someone who … [Read more...]

Do you need to build a prototype to get a patent your invention?

December 7, 2021 by James Yang

Patented

Once inventors conceive their invention, they ask "Do you need to build a prototype to patent your invention?"You do not need to build a prototype to patent your invention. However, a prototype is beneficial for various reasons.  Prototypes show investors and licensees proof of concept of your invention.  Also, prototypes are useful for demonstrating the form, function and fit … [Read more...]

How to decide whether to file a PPA or NPA first?

December 1, 2021 by James Yang

As a patent attorney, inventors always ask me whether they should file a provisional patent application (PPA) or a nonprovisional patent application (NPA) first.  That is an easy question to answer once you know your top priority and the strategies to achieve them.  By the end of this article, you will know whether you ought to file the provisional or nonprovisional patent … [Read more...]

Who Owns A Patent – The Inventor or The Company?

October 26, 2021 by James Yang

Owner

You can lose your patent rights when you work with others on an invention.  Continue reading to understand how to keep your patent rights and not destroy the value of your idea. Who owns the patent?  Patent rights belong to the inventor who conceived the invention unless that inventor assigns the patent rights to another, or the courts apply the equitable doctrines of … [Read more...]

Can You Amend a Provisional Patent Application?

September 27, 2021 by James Yang

Often, when inventors want to get a product out to market, they want to do it sooner than later.  To quickly protect their invention, they will choose to file a provisional patent application in the interim.  However, after they launch their product, they may learn about new features they want to include in their provisional patent application or in the product's next release.  … [Read more...]

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James Yang is a patent attorney whose practice encompasses all area of intellectual law including patents, trademarks, copyrights and trade secrets. He serves clients within Orange County and Los Angeles County, California.

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