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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 is an assignee search?

March 4, 2023 by James Yang

ASSIGNEE SEARCH

An assignee search is a patent database search for all patent documents (i.e., patents and pre-grant publications) owned by a particular entity. The patent databases that are searched are typically the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the patent databases of specific countries. What is an assignee and assignor? An … [Read more...]

Guide to Identifying Patent Infringement Red Flags

March 4, 2023 by James Yang

Patent Infringement

Patent infringement is a serious issue that every business needs to know. It could cost you significant money if you address patent infringement after you launch your product. However, often, a little preplanning before you launch your product can save you time and money in the long run. Copying someone else's product is a red flag for patent infringement issues You must do … [Read more...]

Should you conduct a patent search?

January 19, 2023 by James Yang

Patent Search Strategy

Conducting a patent search is a great idea before applying for a patent. A patent search can help you: determine if your invention is novel and nonobvious (i.e., patentability) which are requirements for obtaining a patent, write a better patent application, and avoid infringing on existing patents. What is a patent search? A patent search is a search of the … [Read more...]

What do absolute novelty and relative novelty mean?

January 14, 2023 by James Yang

absolute novelty versus relative novelty

Absolute novelty requires the invention to be new (i.e., novelty) in relation to all publicly available information prior to the filing date of a patent application to get a patent.  In contrast, relative novelty relaxes the absolute novelty requirement.  Even if an invention is not absolutely new on the filing date of a patent application, the invention can still be patented … [Read more...]

What is the difference between the first inventor to file and the first to invent rules in the United States?

January 13, 2023 by James Yang

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 respective patent applications or the dates of the invention to determine who is awarded the patent. Under the first inventor to file rule, the Patent Office looks to the filing dates of the respective applications. The … [Read more...]

What types of ideas can be protected by a patent?

December 29, 2022 by James Yang

Which ideas are eligible for patent protection

All ideas can be protected by a patent except for abstract ideas, laws of nature, and natural phenomena.  Nevertheless, many of these ideas, although they can be patented, won't be patented.  The invention must be novel and nonobvious on the merits to be patented.  The distinction I’m making is between eligibility for patent protection versus patented. You need to understand … [Read more...]

What is the Patent Prosecution Highway or PPH?

December 29, 2022 by James Yang

What is the Patent Prosecution Highway

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 PPH request can be filed for a patent application filed in a foreign patent office.  The PPH request allows the examiner of the foreign patent office to allow the case based on the allowance given by the U.S. examiner. The … [Read more...]

How to get around a patent?

December 15, 2022 by James Yang

To get around a patent, you need to focus on the claims of the patent.  They define what is and isn’t protected by the patent.  You also need to find all of the related patents.  You may have only found one patent within a portfolio of patents.  You need to avoid all of the independent claims in all of the related patents.  Otherwise, you’re still liable for patent … [Read more...]

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