Vic Lin

How does the USPTO get prior art?

How do USPTO patent examiners get prior art? When examining patent applications, USPTO examiners get relevant prior art through two primary means: the patent examiner searches the prior art; and relevant prior art is submitted for the examiner’s consideration. The active approach of the examiner searching prior art is straightforward and no different than what […]

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What is a partial refusal?

What is a partial refusal in a trademark Office Action? A trademark Office Action with a partial refusal can be a mix of good news and bad news. The bad news is that a portion of your mark is being rejected. The good news is that the remainder of your trademark application is acceptable. In […]

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What is an IP strategy session?

What is the difference between an IP strategy session and a free initial consultation? Our free initial consultation covers a host of general IP questions. If more specific guidance is desired on your particular patent or trademark matter, we offer an IP strategy session where we can discuss the details of your intellectual property matter […]

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Free initial consultation: what is and is not covered

What is covered in our free initial consultation? Many prospective clients seek a free initial consultation to discuss their IP matters. Anyone who has read our articles and FAQs on IP can sense that we try to be generous with providing helpful IP information. We stick to that same philosophy in our initial consultations with […]

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Why patents matter to your startup

Why should startups care about patents? Spend enough time on the internet and you will find arguments both for and against startup patents. One side argues that patents take too much money and time, and that startups would be better off focusing on execution. The other side argues that you should get a patent to […]

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Trademark application rejections: Reasons why and how to respond

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS Plus applications and 16.3% of TEAS RF applications receive a “first action approval” (as of the date of this post). That means that Office Actions are issued against the vast […]

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How to patent a product

Should you file a patent application? Before diving into the details of how to patent a product, let’s consider a more fundamental question: Should you patent your product or idea? A wise IP strategy should take into consideration the following factors before filing patent applications: Product lifespan (How long will the product realistically last in […]

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How to design around patents

What is a design around? A design around refers to a product that has been intentionally designed or modified to avoid patent infringement. The goal of a design around is to reduce the risk of a patent lawsuit or, if sued, to avoid or minimize liability for infringement. In order to design around patents, you […]

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Medical device patents: What to know

Start with prior art It seems that innovation in the medical device field generally enjoys a greater probability of making it to the marketplace. When a particular area of technology has a greater chance of making money, you can expect more patent filings. So expect the prior art of medical device patents to be crowded. […]

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