How to challenge or oppose a pending patent application

What is a third-party preissuance submission? Any third party may challenge a pending patent application by filing a third party preissuance submission. This procedure enables anyone other than the applicant to oppose a pending US patent application and to do so anonymously if desired. What kind of information should be submitted? The submission may include […]

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What are my provisional rights while patent pending?

What are my rights while patent pending? A frequently asked question is whether an applicant (i.e., one who has filed a patent application) can stop copycats and would-be infringers while the patent application is pending. The answer is no. An IP owner does not have patent rights to enforce against competitors until the patent application […]

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What are the foreign filing deadlines for patent applications?

For design patent applications, the foreign filing deadline is 6 months from the priority date. For utility patent applications, the foreign filing deadline is 1 year from the priority date.  A PCT application extends the foreign filing deadline by an additional 18 months for a total of 30 months from the priority date.  Of course, any patent […]

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Can Late Maintenance Fees be Paid for a Lapsed Patent?

Patent Maintenance Fees Patent maintenance fees are paid to the USPTO to maintain a granted utility patent.  Maintaining a utility patent is similar to renewing a trademark registration except that patents expire whereas trademark registrations may be renewed indefinitely. If a maintenance fee deadline has passed, the maintenance fee can still be paid within the 6-month […]

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What is the difference between a provisional vs. nonprovisional patent application?

Provisional vs. nonprovisional applications: Which is reviewed by the USPTO? A nonprovisional patent application is normally considered the regular utility patent application. It’s what you file to get the USPTO to review your utility application and hopefully grant your patent. A provisional patent application, on the other hand, does not get reviewed. If done correctly, however, […]

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Is my idea patentable?

Is my idea patentable? Assuming you have specific implementations of how your idea would actually work, then your idea may be patentable if it meets two conditions: eligible subject matter; and novelty. Design patent or utility patent? If the aesthetic appearance of your concept is what you want to protect, then you want to file a design patent […]

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