What do I do if I want my invention to be protected outside of the United States?
In short, you must obtain at least one patent in each jurisdiction where you want to be protected. A United States patent will only protect you in the United States.…
Is getting a Notice of Allowance from a patent examiner in the first response a good thing?
Yes and no. It can’t be overlooked that getting a Notice of Allowance means that simply paying an issue fee will give your client desirable protection. This is always a…
What are some good strategies to persuade a patent examiner to issue a Notice of Allowance?
There are three tips that I would offer when dealing with patent examiners. First, and this applies to many other contexts besides the patent one, do not be rude to…
How can Intellectual Property Laws be utilized to protect software innovations?
Through at least one of four ways, namely copyright protection, patent protection, Nondisclosure Agreements (NDAs), and trade secret protection. First, source code by itself cannot be patented. However, this does…
What should be discussed between inventor/attorney when procuring a patent?
In the beginning, the inventor alone has the blueprint for the invention in his or her head. That blueprint needs to get inside the patent attorney’s head. If the process…
Once a patent application has been allowed by an examiner, what do I do to ensure that the resulting protection is optimal?
It would be nice if simply obtaining a patent ended the conversation. However, any good patent attorney knows that once a first, or second or third patent application is allowed…
Is it a wise idea to go pro se (without legal representation) when trying to procure a utility patent?
Not paying an attorney to represent you at the USPTO may save you some money initially, but it could really cost you in the end. While the USPTO does have…
Why is drafting the claims of a utility patent so challenging?
From my experience, there are four elements that make drafting this section of the application more intense than any other section. First, the description of the invention in every single…
How much does it cost to procure a US utility patent?
Even if you have a patentable invention, there is no guarantee you will succeed in procuring a patent. However, from start all the way until the end of the patent’s…
How long does it take to obtain a patent in the United States?
For a utility patent, anywhere from 1.5 to 5 or more years from the date the patent application is filed. Receiving a first office action, or, communication from a patent…