Cost Estimates: Small Entity vs. Large Entity When providing a quote for a patent filing, whether it be a national stage or direct priority or standalone, it is always helpful to know upfront whether the applicant is a small or large entity since USPTO patent filing fees are dictated by the size of the applicant. Filing […]
The USPTO site has a Startup Resources page with links to IP information and various centers that may be helpful to entrepreneurs.
The USPTO has launched a pilot program for ex parte patent application appeals for small entities only. The program will expire on Sept. 16, 2016 or at 2,000 appeals – whichever occurs first. See this article for conditions to qualify for this patent appeal pilot program.
National stage entry cost estimates Entering the national stage of a PCT application can require a significant outlay of cash, depending upon the countries desired. Innovation Capital Law Group offers flat rate cost estimates for initial filings of PCT national stage entry in the most common PCT member countries. Factors affecting national phase costs PCT national […]
Is it possible to add new content to a utility patent application? It’s not an uncommon desire to add new matter to an already-filed patent application. Sometimes inventors think of new features after a utility patent application has already been filed. It’s also possible that broad concepts generally described in the original patent application need to […]
As of the date of this post, the current average pendency of an ex parte appeal of a patent application at the PTAB is approximately 30 months.
When filing a conventional direct priority U.S. non-provisional patent application claiming priority to a foreign application filed within 12 months (Paris Convention, not PCT), an English translation of the foreign priority document is not required. 37 CFR 1.55(g)(3) states: (3) An English language translation of a non-English language foreign application is not required except: (i) When the application is […]
Design Patents vs. Utility Patents The essential distinction between design and utility patents is the difference in protecting “How it looks” (design) vs. “How it works” (utility). If you’re concerned about competitors copying the appearance of your concept, then apply for design patents. If you want to protect the functional features of your concept, then apply for […]
Yes, because prior art has nothing to do with whether a prior patent is live or dead. The relevance and content of the teaching are what matters. Therefore, an expired patent is no different from, for example, a white paper in that both contain publicly accessible information that could block a later-filed patent application claiming the […]
Should I share my idea before applying for a patent? It’s almost never to your benefit to disclose your concept before filing a patent application. By doing so, you lose foreign patent rights and risk someone filing first with the Patent Office. What can be shared after filing a patent app? The question arises as to what […]