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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Patent process from Problem to Idea to Granted Patent

A Problem The journey to a granted patent starts with a problem. You search for a satisfactory solution, but can’t find any. Others may have tried to solve the problem, yet each solution has its shortcomings. There might be existing patches to alleviate symptoms, but no one has come up with a cure. The patent […]

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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 your chances of getting a patent?

What are your chances of getting a utility patent? Utility patents are much harder to obtain than design patents. That’s no surprise. What might not be obvious is that the probability of obtaining a utility patent is a function of time – as more time passes, the chances of getting a utility patent increase. Based […]

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How to patent a product

Should you file a patent application? Before diving into the details of how to patent a product, let’s consider a more fundamental question: Should you patent your product or idea? A wise IP strategy should take into consideration the following factors before filing patent applications: Product lifespan (How long will the product realistically last in […]

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Medical device patents: What to know

Start with prior art It seems that innovation in the medical device field generally enjoys a greater probability of making it to the marketplace. When a particular area of technology has a greater chance of making money, you can expect more patent filings. So expect the prior art of medical device patents to be crowded. […]

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What to do when your patent application is allowed

What is the Notice of Allowance and Fees Due? When your patent application has been allowed, the USPTO will send a Notice of Allowance setting forth a 3-month deadline to pay the issue fee. This document will also include a Notice of Allowability starting on a separate page which will include the Reasons for Allowance. […]

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What is a nonprovisional patent application?

What is a nonprovisional patent application? A nonprovisional patent application is what you file to get a utility patent.¬†You would think that a simpler name could’ve been created, but the “nonprovisional” adjective distinguishes this utility application from another utility filing called a provisional patent application. If a granted utility patent is the finish line, then […]

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