When to File Multiple Patents or One Big Patent For New Companies A client recently asked: I have a few inventions and I’m wondering if I can save money by combining them into a single provisional patent application? Your Patent Portfolio should always be developed with your business goals in mind. I passed the question…
A provisional patent application is a 12-month place-holder for a utility patent. The USPTO allows you to label your invention as Patent-Pending during this 12 month period. If a utility patent is not filed within the 12-month period, your spot in line is lost! Once the utility patent is filed, your utility patent filing claims…
I’ve added additional details to my invention/idea but I’ve already filed for patent. Can I modify my patent application after I’ve already filed it? A very common question indeed. The break down is quite easy to understand when following this logic: ADDING NEW SUBJECT MATTER Any Patent-Pending Application, whether it is Provisional or Non-Provisional, cannot…
A question I get asked rather often – what does International Patent Protection mean? Then, after I recommend the filing of an international patent application (known as a PCT application, but will get to that later), my clients frequently ask: “wait, I have to file for an international patent application and it’s not even a…
In general, the person who creates an invention owns it, and the mere fact that someone is employed at the time they create an invention doesn’t have an impact. With that said, if the employer hired the employee to design a specific invention or solve a specific problem, the employee has a duty to assign…
Founder disputes are one of the most common risks to a young company, but it doesn’t have to be that way. Whether it is a disagreement over a core issue or the waning interest some experience along the startup road, most companies face turnover in their early days, with key players rotating in and out….
Let’s say I was the first to invent the Venn diagram. Can I obtain a copyright or a patent to prevent anyone from using or displaying it?
In general, there is no statute of limitations on a claim for patent infringement. However, the Patent Act specifies a time limit on monetary relief for patent infringement claims – damages are available only for infringement that occurs within the six years prior to the filing of the complaint. In general, a voluntary dismissal (unless…
I usually get asked the question: If I rush to convert my provisional to a non-provisional patent filing, does that reduce the risk of someone having a third party receiving a patent on the same subject matter? Typically, there is NO rush in filing the non-provisional utility patent application once you’ve already secured a provisional…
A provisional patent application filing receipt indicates that the USPTO has granted you a patent priority date. The patent priority date is the same day as your patent filing date in the case of a provisional patent application filing. From this date forward, you have 12 months to file a non-provisional patent application claiming priority…
End of content
End of content