TechStartupLawyer.com has a Startup Intellectual Property Checklist broken down into four parts.
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 […]
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 […]
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 […]
If a new patent attorney and/or law firm plans to pay the maintenance fee for an issued patent, a Power of Attorney (POA) is not required according 37 CFR 1.366.
Yes, if the earliest filing date of the application is after September 16, 2012 (post patent reform/AIA). For a fuller discussion of patent applicant vs. assignee, see here.
Can inventions be publicly disclosed prior to filing a US patent application? Under the AIA patent reform law, an inventor has up to one year from his/her earliest date of public disclosure to file a US patent application. If the inventor’s own disclosure during this 1 year grace period precedes the public disclosure of a […]
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 […]
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, […]
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 […]