Can a Provisional Patent Application be filed in a foreign language?

Provisional patent applications with non-English specifications can be filed with the USPTO. In order for a non-provisional application to claim priority to a non-English provisional, an English translation of the provisional needs to be timely filed along with a statement that the translation is accurate. Failure to file the English translation and accompanying statement in a timely […]

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Are Provisional Patent Applications Published or Made Publicly Available?

Provisional patent applications are never published or examined by the USPTO. However, if a non-provisional application is filed within 1 year claiming priority to a provisional application, the provisional application will become publicly available for inspection approximately 18 months from the provisional filing date (i.e., priority date). The one exception is if an applicant requests […]

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What is the Full First Action Interview Pilot Program (FAI)?

What First Action Interview is not Let’s first clarify what the First Action Interview (FAI) program does not do. The FAI program does not apply to design patent applications which require a design Rocket Docket request. The FAI program also does not shorten the time for the first Office Action, also known as First Office […]

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Where I can find flat fee IP attorneys for filing patent and trademark applications at fixed rates?

Flat attorney fees provide greater transparency and certainty for clients seeking to budget IP protection such as patent applications (aka patent prosecution) and trademark applications (aka trademark prosecution). Innovation Capital Law Group publishes a fixed fee schedule for trademark prosecution which includes a total cost from start to finish assuming no rejections. Trademark applications tend to have […]

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Do I need an NDA before talking to an IP attorney about my idea?

Need an NDA to talk to patent attorney? It’s a common question I get from startups, inventors, entrepreneurs and basically anyone starting up a new venture who hasn’t already worked with our firm. In most cases, a well drafted non-disclosure agreement (NDA) is a prudent way to protect your idea as you’re talking to service providers. Attorneys, however, […]

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What is PPH (Patent Prosecution Highway)?

What is PPH? PPH stands for Patent Prosecution Highway, which is a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of patent applications that previously received favorable rulings. Two key acronyms are helpful here: OEE refers to the Office of Earlier Examination and OLE refers to the Office of Later […]

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How to challenge or oppose a pending patent application

Is there a way to challenge or oppose a utility patent application? Yes, any third party may file a preissuance submission to oppose a utility nonprovisional patent application. Timing is critical. Basically, you must challenge the patent application before it is allowed. Assuming that a Notice of Allowance has not yet been issued, you have […]

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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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