Vic Lin

What are acceptable trademark clothing specimens of use?

What kinds of trademark clothing specimens are acceptable? An acceptable specimen of use for trademark application covering clothing items can be especially tricky. USPTO trademark examining attorneys want to see the mark in certain areas for articles of clothing that might not be obvious. Merely showing the mark on the front of the clothing item […]

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Can you refile a provisional patent application (PPA)?

Can you refile a provisional patent application? Yes, it is possible to refile a provisional patent application. Refiling, however, does not mean that the application will be valid. The end result is that you will replace the earlier priority date of your first provisional application with the later priority date of your subsequent provisional. The […]

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What is trademark monitoring?

What is a trademark monitoring service? A trademark monitoring service can notify you of trademark applications by third parties that may be similar to your trademarks. There are a variety of trademark monitoring services that range from US to worldwide, and from federal filings to federal and state. When do you need a trademark monitoring […]

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What is a utility divisional application?

When is a divisional application appropriate? The option to file a divisional application arises if an Examiner thinks that your patent application contains multiple inventions and thus issues a Restriction Requirement compelling you to pick one. A response to a Restriction Requirement must include an election of certain claims, thereby leaving non-elected claims to be […]

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What is a design patent divisional application?

Design patent divisional application: when do you need it? Though it does not happen often, a design patent application may occasionally be filed with multiple designs, known as embodiments. The hope of the applicant is that design application will issue with all designs, thereby saving some money. Unfortunately for the applicant, design patent examiners tend […]

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What are acceptable trademark web specimens?

What makes trademark web specimens tricky? Nowadays, it would seem unusual if a company does not sell any of its goods online. Sure, certain big ticket items may not be suitable for ecommerce, but such expensive products would not represent the typical purchases made by most consumers on a regular basis. The reality is that […]

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How to Postpone PCT National Stage Deadlines

When is the PCT national stage deadline? Depending upon the country, the deadline for entering the national phase of a PCT application will be either 30 months (e.g., US) or 31 months from the priority date. Two and a half years may seem like a long time, but the national stage deadline can creep up […]

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What is a Species Restriction?

What is a species restriction? A species restriction differs from the more commonly known Restriction Requirement which arises when an Examiner feels that a patent application has multiple inventions. In a species restriction, the applicant is required to make an “election of species” according to patentably distinct species carved out by the Examiner. Species restrictions […]

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What are strategies for getting a patent sooner?

What are effective patent strategies? Getting a utility patent can be a long and expensive slog. The utility patent process is a journey fraught with obstacles that may tempt you to feel discouraged. Without sugarcoating the burdensome nature of utility patent prosecution, here are some strategies that may help you get a patent granted sooner. […]

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What are hidden or unexpected patent costs?

Expecting unexpected patent costs I still remember the one piece of sage advice given to prepare me for my wedding day: expect the unexpected. Having the expectation that not everything would go as planned helped my bride and me to avoid getting frazzled when the inevitable hiccups occurred. My goal with this article is to […]

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