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If you are an inventor, you probably have a lot of passion for your ideas. It is only natural to want to share your discoveries with others, particularly if you are in an academic field where journal publications are the norm. Publishing your research can garner you esteem among your colleagues, help you to get [...]
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Since 1995, the United States Patent and Trademark Office has allowed applicants to file provisional patent applications. These applications differ in several important ways from full, nonprovisional utility applications. Unlike nonprovisional applications, they automatically become abandoned 12 months after filing and are never examined or published. Claims and documents are not required for a provisional [...]
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Introduction
Many inventors initially have difficulty understanding the claims of a patent application or issued patent. It doesn’t help that claims are required to be a single sentence (which may stretch to a page or longer) and contain specialized legal jargon. Yet an understanding of claims is perhaps the most important factor, in my experience, in [...]
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Unless you request otherwise, utility applications are published 18 months after the earliest “priority date”. Ordinarily, this is 18 months from either the filing date of the utility application, or of the provisional application, if the utility application claims priority of a provisional application. Allowing your application to publish has some advantages. It may help [...]
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It may take quite some time for your patent application to mature into an issued patent. What can you do in the meantime if you think someone else is making or selling your invention? Talk to your attorney. A lawsuit is generally premature without an issued patent creating patent rights to infringe.
One option is to [...]
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Getting the Application Ready
After you have decided that you need a patent and have selected a patent agent/attorney to represent you, the next step in the application process is preparing the application itself. You can find more information on what goes into a patent application in a future post.
Typically, you send the information you have [...]
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Even if you already know in general what after-final patent prosecution involves and when it is appropriate to appeal , sometimes the decision of whether to appeal is not clear-cut. For instance, you may have a fundamental disagreement with the Examiner and believe that you have a strong chance on appeal, but the Examiner may [...]
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So you think you need a patent, but you don’t know whether to get a patent attorney or go it alone. This post will help you make that decision, and the next post will help you select the right representative for you, if you decide you need someone to represent you before the patent office.
I [...]
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Before you develop a patent strategy, you need a good idea of how much it will cost you to get a patent. There are two components that make up the total cost of acquiring and maintaining a patent: government fees, and attorney fees. Government fees are easy to calculate, while attorney fees can [...]
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Unless specifically noted otherwise, this information relates generally to the U.S. patent system, and not necessarily to other countries.
If you already have a general understanding of patents , and you have an invention that you think you may want to patent, this post will provide you with information that will aid you in making your [...]
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