Patents

A patent is a contract with the US Government that gives an inventor a monopoly to make, use, sell, offer to sell and import the patented invention in the United States and the US territories. To obtain this legal monopoly, the inventor must file a patent application that complies with the US patent laws, and pay the required fees.

My patent services include but are not limited to:

  • Inventions
  • Machines
  • Ways to do things
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MY approach TO PATENTS

My approach to Patent is that it is a long-term business relationship. Because the patent process is long the attorney client relationship is also so long. Therefore, my clients need to get along with (and trust) me, and I need to get along with (and trust) them.

I prefer face-to-face meetings. I’m not offended if a potential client does not retain me, but I always recommend they retain a patent attorney that they can meet face-to-face, sit across the table from, and look in the eye.

In my opinion, a long distance, phone calls only, relationship with a patent attorney, will fail, and is bound to be unhappy.

I want to meet with my clients. I want to be part of their enthusiasm with the invention.

I want to have a full and complete understanding of the invention, so that we can obtain the correct patent protection.

My office policy is to spend the first hour with new clients for free (no charge at all). Our initial meeting is to ensure that we can get along, and also to gain an understanding of the invention – which remains confidential.

Having practiced patent law for decades, I’ve seen many inventions and many concepts, and many creative ideas. Many times I can point an inventor, and council an inventor into a direction other than seeking patent protection which may be a better (and less expensive) course of action and a wiser business decision that saves time, energy and money.

I believe it’s important to share with inventors that many times, patenting, although an option, it’s not the best option for the invention. In some instancessimply making, using and selling an invention is a better business decision than seeking patent protection. That advice, and those recommendations can only be provided when there is a actual face-to-face meeting across the table from one another.

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CONFIDENTIALITY AND SECRECY IS IMPORTANT

Disclosing or showing or advertising your invention to the public – before filing a patent application – may prevent you from getting a patent in the United States, and WILL PREVENT you from obtaining a patent in most foreign countries.

My approach to working with inventors to obtain patent protection, is driven by what I wish my patent attorneys (years ago) would have explained to me when I was a young enthusiastic inventor full of questions but with few answers.

I wish my

patent attorneys had told me

  • Patents are expensive. (multiple thousands of dollars.) You are also going to invest a significant amount of time, energy and anxiety. If your patent is ultimately issued, you are required to pay maintenance fees to the Patent Office at 3.5 years, at 7.5 years and at 11.5 years just to keep your patent alive;
  • Patents take a long time. On average it takes about 2.5 to 4 years (start to finish) for the Patent Office to determine whether or not it is going to issue a patent on your invention. Sometimes shorter, sometimes longer but it is never fast;
  • Patents are uncertain. There are absolutely no guarantees the Patent Office will issue a patent, and even if a patent is ultimately issued, (years down the road) it may not be valid or enforceable. Somebody (a person who is copying your patented invention) can challenge your patent even after it is issued.
  • Patent protection is geographically limited. Every country in the world has its own patent system. An issued patent is only enforceable in the country that issues the patent. An issued US patent is not enforceable in Canada, or Mexico or Europe, and visa-versa. International patenting is available, and is an option, but is VERY expensive;
  • Patents are a business tool – Nothing more and nothing less. Whether or not to seek patent protection is a business decision that must be supported and justified with business reasoning and a business plan.
  • Don’t allow your enthusiasm and excitement override business judgement and sound advice;
  • Patents are not a “magic spell” that make buyers/investors show up with boxes of money;
  • You have to create the market and demand for your product;
  • Getting people know about your product and buy your product is LOTS OF WORK;
  • Patents are only one piece of protecting your invention; You may also need to protect your invention’s name, and what your invention looks like including your inventions instruction manuals, designs, etc.;
  • There is NO SUCH THING as a “Provisional Patent”; and
  • You don’t “have to have” a patent to make, use or sell your invention – and sometimes a patent is not worth it due to time limitations and/or financial limitations and/or business realities; and
  • If you publicly disclose or show or advertise your invention before filing a patent application you may have given up your rights to obtain a patent.

My Role as a

patent attorney is

  • Assist clients obtain legal protections for their inventions;
  • Keep clients focused on the business realities;
  • Share my opinions, thoughts and recommendations based on my experience.
  • My role is NOT to make business decisions for clients.

Frequently asked questions:

A patent is a legal document granted by the government, giving an inventor exclusive rights to make, use, sell, and import an invention for a limited period. This legal protection encourages innovation by allowing inventors to profit from their inventions.
The duration of a patent varies by type. In the United States, utility patents last for 20 years from the application date, while design patents last for 15 years from the date of grant. The lifespan of patents can be different in other countries.
There are three main types of patents: Utility patents for new processes, machines, or compositions of matter; Design patents for new, original, and ornamental designs for an article of manufacture; and Plant patents for new and distinct varieties of plants.
To apply for a patent, you must submit a patent application to the United States Patent and Trademark Office (USPTO), which includes a detailed description of your invention, claims defining the scope of protection, and necessary drawings. It’s often advisable to seek assistance from a patent attorney.
A patent search involves examining existing patents and other publications to determine if your invention is new and non-obvious. Conducting a patent search before applying can save time and resources by identifying potential patentability issues early.
Ideas alone cannot be patented. To be eligible for a patent, your idea must be developed into a specific, concrete solution or method that is new, useful, and non-obvious.
Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without permission from the patent holder. This can lead to legal action and potential damages.
The cost of obtaining a patent varies based on complexity, type of patent, attorney fees, and additional costs like drawings and maintenance fees. Basic filing fees for a utility patent can range from a few hundred to several thousand dollars.
A provisional patent application is a temporary application filed with the USPTO, allowing the term “Patent Pending” to be used and providing up to one year to file a non-provisional application. A non-provisional application is the formal application that starts the examination process for a patent.
A patent attorney can assist in drafting and filing a patent application, conducting patent searches, offering legal advice on patentability, and representing inventors in infringement cases and other legal matters.
After filing a patent application, it undergoes an examination process where a patent examiner reviews the application for compliance with legal requirements and assesses the invention’s novelty and non-obviousness.
Patents cannot be renewed. Once a patent expires, the protected invention enters the public domain.
If your patent application is rejected, you can respond with arguments or amendments to overcome the rejection, or appeal the decision. A patent attorney can guide you through this process.
U.S. patents are only valid within the United States. To protect your invention in other countries, you must file patent applications in those countries or through international agreements like the Patent Cooperation Treaty (PCT).
If you believe your patent is infringed, it’s advisable to consult with a patent attorney to discuss potential legal actions, which may include sending a cease-and-desist letter or filing a lawsuit.
Ideas alone cannot be patented. To be eligible for a patent, your idea must be developed into a specific, concrete solution or method that is new, useful, and non-obvious.

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Consultation

Take the first step in your patent journey. Schedule your complimentary consultation, available both online and in person. Let’s discuss how we can safeguard your creative vision together.
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I like to meet

Face 2 Face

Meeting face-to-face with each of my clients is a priority for me. The patent journey is often long and complex, and understanding each other is crucial for success.

By getting to know you and your vision, I aim to ensure we are always on the same page. Your patent journey should be uniquely yours, taken your way. Together, we’ll navigate the patent process, making sure your journey is as rewarding as the destination.

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