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…
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…
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…
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