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Patent application process

The patent application process includes three main time frames: 1) before filing patent application, 2) after filing a patent application and 3) after patent grant. Browse related articles below.

Steps to take before spending money on a patent attorney

November 16, 2022 by James Yang

steps to take before hiring a patent attorney

Before you hire a patent attorney and spend money, do these 3 FREE steps:Step 1: Conduct the patent searchStep 2: Determine the market size of the inventionStep 3: Build a prototypeThese steps will save you money on the patent process. Also, your patent attorney will appreciate that you've done these steps beforehand. If you need to talk to a patent attorney, I invite you to … [Read more...]

Can you file a patent application after launching your product for sale?

November 11, 2022 by James Yang

can i wait to file patent application until after I market my invention

You can sell your product for up to one year and then file a patent application with the United States Patent and Trademark Office. However, it isn’t recommended because someone else can easily steal your idea based on your marketing efforts. Of course, nothing that you do for the first year of commercialization will prevent you from getting a patent. However, if someone … [Read more...]

Can you patent a service?

November 9, 2022 by James Yang

can you patent a service

A service can be patented if it is new and nonobvious.  For example, you can get a patent on a new use for an old product. Here is a list of patents for various services: Service of finding lowest cost provider of subscription products: USPN7505924 Guest services management service: USPN7542560 Call transfer service: USPN7103166 Why is a service eligible for … [Read more...]

How to check if a product is patented?

November 9, 2022 by James Yang

how to determine if a product is patented

Here are 3 steps to check if a product is patented.  You should complete all three steps even if you find a patent.  The patent owner might have multiple patents that cover one product. Search the internet for any patent covering the product Look for all patents owned by the owner of the product Look for any patent marking on the product Find all patents related … [Read more...]

Should you get a patent for your invention?

November 9, 2022 by James Yang

Should you get a patent

You should get a patent if you have a big money idea. You are preparing for if and when you do succeed in your big money idea.  You should not get a patent if the invention is a small money idea.  The cost of the patent is excessive for the amount of money you can make on your invention.  Also, you should not get a patent if the goal is to avoid infringement.  You will not … [Read more...]

How to avoid patent infringement?

November 3, 2022 by James Yang

how to avoid patent infringement

To avoid patent infringement, you need to take three steps: Look for relevant patents related to your product. Review the claims of those patents that you found. Modify your product to design around those patent claims to avoid patent infringement. Look for relevant patents related to your product Oftentimes, inventors show me their product which is based on a … [Read more...]

What is a claim of priority in a patent?

October 28, 2022 by James Yang

what is a claim of priority in a patent

A claim of priority gives you the right to claim the benefit of an earlier filing date for your patent application. In this manner, your patent application would have the earliest priority date possible. Prior art that predates the filing date of your patent application would not be prior art. What's the benefit of a claim of priority? As stated above, you can eliminate prior … [Read more...]

What does antecedent basis mean?

October 21, 2022 by James Yang

What does antecedent basis mean

Antecedent basis refers to the requirement that all words in a claim must be explained in the specification so that the words can be clearly understood.  Otherwise, the claim will be rejected or invalidated for being indefinite. For example, if you use the word "valve" in the claim, the detailed description must explain whether that is a liquid valve or a heart valve if it … [Read more...]

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