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 application. However, as discussed below, the provisional patent application is not cheap compared to the cost to prepare a … [Read more...]
The initial consultation is where we learn about the invention, provide basic patent information, spot check common problem areas, and develop a next steps plan.
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Check inventions with a patent attorney before discarding it as obvious In determining patentability of a claim which defines the scope of your invention, two major hurdles must be overcome, specifically, the invention must be (1) novel (i.e., new) and (2) non-obviousness. Novelty is fairly easy to establish. Novelty exists if all of the elements of the claimed invention … [Read more...]
Good question. The bottom line is that a contract (i.e., confidentiality agreement or non-disclosure agreement) and a patent application protect your interests in different ways. Hence, the recommended course of action is to do both (1) file a patent application, and (2) have the investors and licensees execute a confidentiality agreement to protect yourself. If you don't … [Read more...]
Initial consultation - 7 Core Concepts and 2 Goals The patent process is extremely complex. I do no recommend taking on the project of preparing a patent application after reading a self help book such as Patent It Yourself. Whether you prepare the patent application as a DIY project or retain a patent attorney, I recommend going through a formal initial consultation with … [Read more...]
What is the overall patent process? The patent process for obtaining a patent protection involves 1) a patentability opinion, 2) preparation and filing of the patent application, 3) prosecution of the patent application, 4) issuance, abandonment or appeal of the patent application and 5) maintenance fees. Step 1: Patentability Opinion The first step of the patent process is … [Read more...]
Most inventions begin as a trade secret. A person encounters a problem. While trying to solve the problem, the person formulates a solution. Inventors intuitively understand that they should keep the solution a secret. Although this intuition is correct, other areas of the law are not as intuitive. Proceeding without legal advice from an experienced patent attorney could cost … [Read more...]