Patent or Trademark?

  Introduction: I continue to receive questions prefaced with a statement “I have an idea and I don’t know if I should patent it or trademark it?”  Patent or Trademark.  The question is often stated in various ways but I think you get the idea.  There are fundamental differences between requirements and rights of patenting…

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Sample Patent Flow Chart

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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What NOT To Do Before You File

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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Priority Review: Move to Front of Line

INTRODUCTION: The wait time between filing you patent application and the first office action can be frustratingly long.  Priority Review Track One. See my earlier article for Expedited Examination.  The duration depends upon the Group Art Unit (GAU) to which your application has been assigned.  You may have limited ability to influence the GAU to which your application is…

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Design Choice and Obviousness

INTRODUCTION: Many of my recent articles have focused upon the whether an innovation is eligible for patent protection.  This has been described as a Section 101 issue.  Many innovations have been barred from patenting as being merely abstract ideas.  This is a confused area.  However, even if an innovation is deemed patentable subject matter, it still needs to be…

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Patenting Software – Another Wrinkle

Introduction If you have followed my past postings, you will know I am often trying to explain issues involved in patenting software or computer business methods.  Much of the controversy of the last several years has been whether the software or business method is actually patentable subject matter.  This has involved discussions of Section 101 and whether…

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Patentability Swamp

Introduction I have recently posted a blog of mechanical device patents becoming ensnared in the patentability swamp.  The swamp is the ineligibility of patenting “natural laws”, “natural phenomena” and “abstract ideas”.  This has followed the adverse rulings for patenting medical procedures and business methods. There has been another shift in the ground underlying this swamp.  Further guidance was issued from the USPTO…

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What NOT to do before you file

Introduction This is an update of my previously published WARNING.  If you have made and innovation, you don’t want to lose the right to protect your innovation and to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. As you probably know, the…

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Mechanical Engineering Patents and Validity Goulash

Introduction If you thought that issues of natural law and abstract ideas were invalidating only medical device and treatment patents, think again.  The fog of natural law/natural phenomena/abstract ideas is descending upon “nuts and bolts” mechanical engineering.  It is no longer safe to pursue patent protection for vibration dampened drive shafts without encountering “validity goulash”.   Discussion Again…

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Teach Enablement

INTRODUCTION If you have read any of my previous posts, I have habitually urged that any patent application “teach enablement”.  This is the sole and critical requirement of any provisional application.  Please recall that I recommend filing a DIY provisional application if you elect not to seek guidance of a qualified patent attorney.  My simple logic is that…

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