Secret sales of products or services incorporating innovation can cause loss of patent rights.
provisional application
Demystifying Patent Applications
Introduction: The patent process may appear to be a dark hole through which time and money disappear. I am attempting to demystify patent applications. I write frequent posts urging that that IP be protected through the filing of provisional applications for patent. But what is an application for patent? What does it consist of? I…
Is It Patentable? III
Introduction: Is it patentable? An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103). I have discussed what is and is not patentable subject matter. See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas. I have…
International Patent Filing Options
INTRODUCTION: Clients have from time to time inquired about international patents. However there is no such thing. Patents are issued and enforced by individual countries. There is, however, an international patent application. Such an application is filed through the regulations of the Patent Cooperation Treaty (PCT). Approximately 150 countries, including the US, are members…
Stolen Invention!
Introduction: Derivation Proceeding: You conceive of a new invention. You disclose it to a trusted party. Perhaps the trusted party helped you on the invention. You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor. A stolen invention. What do you do? …
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…
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…
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…
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…
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…