What are differences between patents and trademarks?

How are patents and trademarks different? The goal of this article is to provide a helpful summary of differences between patents and trademarks that will actually help you in making good business decisions. This is not an exhaustive list of differences. Instead, we will focus on key distinguishing features of each IP right. My hope […]

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Can you trademark before launching product?

What comes first: filing trademark or launching product? The US trademark registration system is different from the rest of the world. With a few exceptions, one generally must use the mark in connection with goods or services in US commerce in order to obtain a federal trademark registration from the USPTO. Should business owners first […]

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What is a PCT patent search of prior art?

Will you get a prior art search in your PCT patent application? Yes, a prior art patent search is typically made in each PCT application. The results of this PCT international search are summarized in an initial document called an International Search Report (ISR). This first prior art search, also known as the “main international […]

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First file PCT or US? Which patent application to file first?

Should you file PCT or US patent application first? US applicants seeking patents worldwide will often consider filing both a US nonprovisional patent application and international PCT application. The questions is: Which application should be filed first, or should both patent applications be filed simultaneously? Let’s consider patent strategies for filing US first, PCT first […]

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Should you fight for broader patent claims?

Broader patent claims: when less is more Before we dive into this discussion, let’s make sure we’re all on the same page about what we mean by broader patent claims. When it comes patent claims, broader does not necessarily mean more. In fact, it’s the opposite. Narrow claims state several elements, or claim limitations. Broad […]

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Trademark strategy: 5 steps to optimize chances of registration

How to develop a trademark strategy that will improve chances of registering your mark A successful trademark registration will depend a great deal upon the preliminary work done before filing the application. The more you can avoid potential obstacles and reduce risk upfront, the greater the chance of a smooth application process. Here are practical […]

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Patent strategy: 5 steps to improve chances of getting a patent

Your patent strategy depends on your goals Patent strategies should be dictated by end goals. So it makes sense to start with a worthy goal, and then work backwards to formulate a patent strategy to achieve that goal. Since every patent application is different, let me generally suggest a goal that would broadly fit the […]

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How hard is it to get a patent?

How hard is it to get a utility patent? Before delving into how hard it is to get a utility patent, we should define that we mean by easy. If easy means getting a patent without any rejections, then only 11% of utility nonprovisional patent applications get allowed without any rejections according to this Yale […]

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What are smart product launch patent strategies?

A patent game plan for product launch Deciding whether to file a patent application before or after product launch is not easy. While much can be said about the advantages of patenting before public disclosure, the difficulty in the decision often comes down to patent costs. Investing a lot of money in patenting a product […]

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