Vic Lin

Is one patent enough?

Why one utility patent might not be enough Obtaining a utility patent is no minor accomplishment. You likely had to respond to at least one Office Action and overcome claim rejections on multiple grounds. While congratulations are in order, you do not want to overlook the risk that competitors will find ways to avoid your […]

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What Patent Examiners Need vs. What They Get

If you want to know what makes for a well written patent application, it may help to understand what USPTO examiners really think. According to a 2020 survey of 850 USPTO patent examiners, helpful insights were provided on the readiness of a patent application. What was interesting to see was not only the ranking of […]

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What to do before utility patent application is published

Utility nonprovisional patent applications are typically published around 18 months from the priority date. This event usually comes and goes without much fanfare. Before your patent application is published, applicants should consider at least two questions: Have any improvements or modifications been made? Do you want to protect those changes in foreign countries? Applicants who […]

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What is a patent specification?

What does a patent specification do? A patent specification is typically distinguished from the claims. The specification comprises the drawings and written description. Whereas the claims define the legal scope of protection, the specification describes the invention and provides support for the claims. The specification is generally not intended to limit the patented invention, but […]

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How does a provisional support a nonprovisional patent application?

What does a provisional patent application do? As suggested in its name, the “provisional” in provisional patent application has a connotation of temporary or conditional. A provisional application is, by nature, short term. Something further must be done to make the temporary patent rights permanent, and that something is the filing of a nonprovisional patent […]

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Can you register a misspelled trademark?

Can you register a misspelled trademark? Misspelled words can become registered trademarks, but not necessarily because of the misspelling. USPTO trademark examining attorneys will look into phonetic equivalents and the meaning of the term as properly spelled. If the similarly sounding word (as correctly spelled) would raise issues, such as mere descriptiveness or likelihood of […]

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What is a utility model?

What is the difference between a utility model and a utility patent? A utility model is a type of instant utility patent protection offered in many countries outside the US. Since they are not available in the US, this option would only help IP owners concerned about international patent protection. By applying for a utility […]

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How to trademark a name

How do you trademark a name? If you want to obtain a US trademark registration for a business or product name, you should get familiar with important basics of the trademark application process. A practical understanding of the following core concepts will be valuable even as you work with an IP attorney: the identity of […]

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What is a design mark application?

What is a design mark application? If you were asked to conjure up the first trademark that comes to mind, what would you see? A logo with wording? Trademarks typically consist of combinations of wording and design features. This word-plus-design combo is known as a “composite mark” in trademark lingo. If you are thinking of […]

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Why request to divide a trademark application?

What is a request to divide a trademark application? We tend to think of trademark applications as “all or nothing,” that a mark is either allowed or rejected. There are times when a trademark application can get more complicated especially when multiple goods or services are involved. A request to divide will split an original […]

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