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…
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…
The USPTO recently did a press release about the issuance of the 700,000th design patent. The patent for the ornamental design for a “Hand-Held Learning Apparatus” was issued to Jason Avery of Berkeley, California and is currently assigned to Emeryville, California-based LeapFrog Enterprises, Inc. (NYSE: LF). In case you did not already know a design patent…
I have a provisional patent filed, and I am speaking at a Conference about my invention. However, at the conference, I intend to disclose new features that aren’t covered by the provisional patent. Big companies, including competitors, will be at the conference. What should I do? To the extent that you will be disclosing, at…
A USPTO provisional patent application simply secures your ‘spot in line’ or patent priority date to a later patent application filing. After you file a provisional application, you will have one-year to follow with a non-provisional (full) patent application to maintain the patent priority date secured by the non-provisional. It’s important to secure your patent priority date since the…
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…
Do I need international patent protection? Though the location of manufacture is an important consideration for international patent protection, I would ask: “Where do you plan to sell your product?” If your product is to be sold around the world, you should be considering international patent protection immediately for several reasons. Let’s say you are…
What if you come up with ‘new subject matter’ for your invention after you’ve already filed a non-provisional? No problem – the USPTO accounts for this and allows what is known as “continuation-in-part” (CIP) applications. CIP applications allow you to expand the scope of your patent application while it’s still pending, without losing the patent…
The newly enacted Patent Laws make patents more important to obtain and more enforceable to carry. Best of all, in the midst of big corporate world’s patent cold war, the new Patent Laws open a door to let startups and early-stage companies join the battlefield on even ground. Here’s how. The America-Invents-Act (AIA) created a first-to-file standard…
Here’s 7 Things to know about Patent Rights – #4 is what most people DON’T know, #1 is the most important to know, and #7 reflects a recent change to our patent laws. Our Patent laws have seen some fundamental changes with the recently enacted America Invents Act. Whether you have a large patent portfolio…
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