PatentTrademarkBlog

Call The US Patent Attorney That Other Lawyers Call

We align with Davids fighting Goliaths. Our small business and startup clients are killing it with IP rights that crush competition.

 

See why lawyers call Vic Lin, a registered US patent attorney with:

Vic is a Christian and cofounder of Innovation Capital Law Group, the boutique startup law firm in California consistently ranked as a:

 

Innovation Capital Law Group

Email: vlin@icaplaw.com

Call: (949) 223-9623  

With many patents granted and more pending, I have had the opportunity to work with many patent attorneys through my 30-plus years employment at various companies past and present. It is my experience that Vic Lin and his team are the very best among the patent attorneys I have dealt with. Do yourself a huge favor and let Vic Lin assist and guide you with all your IP matters.

J.N.J.N.Startup Founder

Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around

H.C.H.C.CEO

I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you

F.W.F.W.Startup founder

Innovation Capital Law Group always provides us with a straightforward, smooth, and reasonable solution on how to handle intellectual property in the United States. Vic Lin has built a very competent, fast, and easy-to-work-with team, making us choose ICLG when we need professional assistance with IP issues in the US. Vic is not a lawyer sitting there and only waiting for the client's instructions, but a business-minded professional proactively making the best solutions that suits his client's needs at all times.

D.L.D.L.Managing Partner
ICLG Top Utility Patent Firm
Vic Lin Patent and Trademark Attorney
ICLG Top Design Patent Firm

Innovation Capital Law Group has been consistently ranked as a
Top Utility Patent Firm

Patent and trademark attorney Vic Lin
Email: vlin@icaplaw.com
Cofounder of Innovation Capital Law Group 

Innovation Capital Law Group is not only a
leader in utility patents but also a
Top Design Patent Firm

What Goliath-Slayers Say

Our Client Success Track Record

800+ Patents Granted

Compare IP results, not words. Few US patent attorneys have obtained over 800 US patents. Even fewer IP attorneys have both obtained and enforced patents. 

500+ Trademarks Registered

We know how to get US trademarks registered with an 83% allowance rate. Maximize your time and value by filing trademarks properly with us.

300+ Foreign IP Registrations

To protect your IP in foreign countries, the right foreign associates make all the difference. When you work with us, you get access to our worldwide IP network.

Frequently Asked Questions and Resources

Here are our most popular FAQ's on working with our IP firm

Need NDA to talk to us?No. 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, are governed by strict rules and codes of professional conduct relating to communications with clients (e.g., see California Evidence Code Section 952, California Rules of Professional Conduct Rule 3-100, and California Business and Professions Code Section 6068).

What if you wish to consult with different patent attorneys before engaging the right one?

The State Bar of California has issued a written opinion stating that even if you're not a client, an attorney may have a duty to keep your communications confidential if the attorney's words or actions "induce in the speaker a reasonable belief that the speaker is consulting the attorney, in confidence, in his professional capacity to retain the attorney or to obtain legal services or advice." (Formal Opinion No. 2003-161).

Other state bars may have issued similar opinions regarding confidentiality of communications with potential clients. If you're still uncomfortable sharing the details of your invention, then keep the communications general. For example, you can share the general subject matter and/or industry of your idea: "I have an idea for a new [device/app/process] to be used in/by [field/industry/target]. That way, the IP attorney can suggest next steps, rough costs and general timelines without getting into any potential conflicts of interest.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.
Can we represent out-of-state clients nationwide and worldwide?Yes, our firm can represent out-of-state clients throughout the US in patent and trademark filings with the USPTO. As registered patent attorneys, we are not limited to helping applicants only in California. Clients nationwide can choose to work with us no matter where they are located.

How critical is the difference between a local patent attorney and an out-of-state patent attorney?

Technology has significantly helped bridge the gap between remote and local patent attorneys. If you believe it is critical to have a local patent attorney see your invention, then by all means hire local. Our firm has helped hundreds of remote clients using email, screenshares, virtual meetings and even through simple phone calls. Ask yourself whether the geographic location of your patent lawyer should outweigh the quality and cost of competent legal representation.

Search the prospective patent attorney on the USPTO patent search site to find out how many utility patents they obtained.

Can we represent foreign clients located outside the US?

Yes, we frequently file US patent applications on behalf of international clients located outside the U.S.

As attorneys at law, we also file trademark applications on behalf of clients throughout the world. If you require the assistance of a US attorney in responding to a trademark rejection, email us a copy of your Office Action so that we can provide you with a flat rate estimate for response. We also represent US and international clients in trademark oppositions and cancellations before the TTAB.

What are the differences between patent agents, attorneys at law and patent attorneys?

A patent agent may file patent applications for others. Since patent agents are not attorneys, they cannot file trademark applications or litigate cases.

An attorney at law may or may not be a registered patent attorney. An attorney at law without a patent bar registration may not file patent applications. However, attorneys without patent registration can file trademark applications and litigate cases.

A patent attorney is an attorney at law who must have two licenses to practice: 1) USPTO patent registration and 2) attorney license. Therefore, a US registered patent attorney may file patent applications, file trademark applications, handle TTAB trademark oppositions and cancellations, and
litigate cases.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.
Can you patent an idea? Is your idea patentable?It seems fashionable nowadays to say that you can't patent an idea. Is that true? How do you know that a particular idea is not patentable without understanding all the details of that idea? So this blanket statement begs the question, "How do you define an idea?"

All patentable inventions start off as ideas. So let's not categorically rule out the possibility of patenting an idea before understanding what that "idea" actually includes. Let's start with the basic requirements for getting a patent.

What are the requirements for a patentable invention?
Your concept may be patentable if it meets two conditions:
eligibility; and
uniqueness.

What is patent eligible?
The types of inventions that have a higher risk of rejection based on ineligible subject matter include software, computer related technology and business methods. While it is still possible to patent software and business method inventions, you may face a potential battle with the examiner on Section 101 rejections. With utility patents, eligible subject matter generally excludes inventions that consist of laws of nature, natural principles, natural phenomena and natural products with a few exceptions.

What is unique in a design vs. utility patent application?
The requirement of uniqueness is different in a design patent application versus a utility patent application. If you want to protect how your invention looks, then file a design patent application. In order to have a patentable design, the appearance of your invention must be unique, such as the 3-dimensional shape of an object or the 2-dimensional graphic design or artwork as shown on a product.

If you want to protect how your invention works (e.g., functions, structures or processes), then file a utility patent application, which can be either a provisional or nonprovisional application. Uniqueness in a utility patent application involves both novelty and non-obviousness.

How can a patentability search help the patent application process?
Patentability searches can help assess the level of novelty of your invention depending upon the prior art found. Such novelty searches, however, cannot guarantee success because it’s very difficult to predict what additional prior art the patent examiner may find or how the examiner will apply the prior art reference to reject your patent claims. Basically, patentability search results can provide a definitive no, but not a definitive yes. Novelty searches can also provide a roadmap for claiming your invention by focusing on key features that were not found in the search.

If you’re willing to try searching patents yourself, try Google Patents and freepatentsonline.com. Since these searches on these sites are based on keywords, use different synonyms and different combinations of terms to search for relevant prior art.

Need help with filing a patent application?
If you're ready to move forward, see this post on filing a utility nonprovisional application.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.
Do we bill flat rate patent applications and fixed fee trademark applications?Yes, long before it was even cool, our boutique IP firm began billing flat fee patents and trademark filings. Here's a short list of our flat rate costs for patent and trademark applications.
Free initial consultation?Yes, our initial consultations are always free. We do not charge anyone until they have signed our engagement and provided an initial retainer.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to schedule a free initial consultation.
How to choose a patent attorneyHere are suggested questions to ask a prospective patent attorney:

Does the patent attorney and their IP firm bill flat fees?
Will the patent attorney provide a fixed fee quote for the initial filing of your nonprovisional utility patent application?
Does a patentability search (novelty search) make sense for your particular invention?
Does the patent attorney recommend Examiner Interviews in responding to rejections?
Would it make sense to pursue any strategies to streamline or expedite the utility patent application?
If you do not understand how patent claims work, ask about the difference between independent claims and dependent claims.
If foreign patents are desired, does the patent attorney have experience with international PCT applications and working relationships with foreign associates in your desired countries?
What are rough costs of the initial filing and ongoing prosecution costs after the initial filing?
If you are considering trademarks in addition to patents, ask about trademark costs and if the IP lawyer has any experience with trademark oppositions and cancellations.
Can we help with foreign patent and trademark registrations?Yes, we know what it takes to register your trademarks and patents in foreign countries. We have built an extensive network of competent IP firms in Asia, Europe and Latin America.
546

Blog Posts On Patents and Trademarks

Our IP Expertise

Copyright © Vic Lin 2023

Privacy Policy