Should I disclose my idea without an non-disclosure agreement (NDA)? What if the third party is reluctant to sign an NDA? Should I first secure a patent filing (provisional patent application or non-provisional patent application)? You have this great idea and you need to share it with manufactures, developers, and distributors (third party) to see…
Should I Assign My Patent Rights to My Company? I recommend that my clients assign their patent rights to an legally formed entity in which they are an owner (their own company). As general practice, patent rights should be assigned to the entity practicing those patent rights. Firstly, assigning the rights to your company gives the company a legitimate right…
Since 2010, the number of patents filed from the automobile industry has nearly doubled as car manufacturers look to make greener, more autonomous cars affordable for the average consumer. This infographic provides some deeper insight into this evolving, technology-driven landscape. Request a Free Consultation Yuri Eliezer heads the intellectual property practice group at Founders…
Should I Protect My Software Back-end with A Patent Or Trade Secret? This is your judgment call. If someone files a patent on your back-end before you do, you risk expensive legal fees down the road proving that you were the first to use the technology. A valuable patent covers more than an exact rendition…
Yes, because it will ensure that any patent rights to the subject matter of your application are reserved for you, the first-filer. This provides you a chance to trump someone who is attempting to claim those patent rights. In this way, we address the problem before the competitor is issued a patent. The fees to…
When you intend on discussing your invention in depth with a third party, make sure they agree to keep the content of your discussion confidential. Also consider having them sign a non-disclosure agreement drafted by a Patent Attorney. If you are sending emails or documents containing descriptions of your inventions, be sure to label all…
You have exactly ONE year from the date your invention is publicly – disclosed, used, offered for sale – to file a provisional or non-provisional patent. If your idea has been exposed to the public and you don’t file for a patent within ONE year from the date of public exposure, you may be forfeiting…
Exposing of your idea or invention to the public more than 12 months before you file for patent protection may prevent you from obtaining patent rights to your idea or invention. There a number of ways you could have disclosed your invention to the public in the legal sense – the examples shown here only…
One way to prevent the provisional from expiring is to continuously have a provisional one file (just updated to the latest version of your back-end). If you let the provisional expire (and your back-end isn’t receiving a lot of press), you are back to square one. For the provisional to save you the risk of…
The USPTO allows you one year from the date of your first public disclosure to file for patent or provisional patent on your idea. This one-year period is known as the ‘grace period’. If you do not file for a patent or provisional patent within one-year of your first public disclosure, you will have been…
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