How Long is a Patent Valid?

How long is a patent valid? Utility patents and plant patents have a term for up to 20 years from the date when the patent application was first filed. The term may be a stretch to 21 years if you first file a provisional patent application, followed within one year by the regular nonprovisional patent Read More

What Should be in a Patent Claim?

A patent claim is usually expressed as a statement of technical facts and legal terms. It defines the boundaries of an invention and lays down what the patent does and doesn’t cover. A claim should not be too broad or too narrow. It should include the minimal set of limitations that differentiate an invention over Read More

What is a Patent Claim?

Patent claims are an essential part of a patent application. They define the scope of protection conferred by a patent and the subject matter that’s protected by it. In other words, the claims are the legal definition of what the patent covers and what it doesn’t. The purpose of the claims is to provide notice Read More

What is a Trademark?

I’m often asked by my clients “what’s a trademark?” And more specifically, they’re looking at, “how do I get a trademark? What do I need?” A trademark is either a word, a phrase, a logo, a symbol, and ironically, it can be a soundbite or even a color.

Patents & Your Competition

Of course, when you start to manufacture your invention, your competition will see it and can legally copy it until your patent issues. Even if you don’t show your invention but you file an application, it’ll be published 18 months after filing unless you give up all rights to file abroad. In conclusion, it is Read More

What if They Won’t Sign an NDA?

Now inevitably some people will violate the terms of an NDA even if they sign it. It’s therefore once again important to know who you’re entrusting with your invention. It’s also important to establish a confidential relationship with the customer if your invention is not patentable and customers won’t sign an NDA. If you have Read More

What is a Patent?

A patent grants inventors exclusive rights to their inventions and prevents others from making, using, or selling the invention without your permission. If your invention is not patentable, you can still protect it by having potential customers sign a nondisclosure agreement, or NDA. If you have more questions about this, I consider consulting with an Read More

Shhh! Keeping Inventions Secret

It’s important to be cautious when sharing your invention with others. By revealing your invention, you may put your intellectual property rights at risk. The more you reveal about your invention, the more likely another person can steal or copy it. To protect your invention, you should consider filing for a patent. If you have Read More

Patent Application Drafting Secrets

Most people have little experience with patents in their lives. They may need a patent attorney once in their life or maybe not at all. So it’s important to understand the different parts of a patent application in order to help your attorney draft the application. A patent application begins with a discussion of the Read More