Your Patent Attorney Retired: How to Transfer Patent Files

Has your patent attorney retired? If your patent attorney has retired or will retire soon, don’t freak out. This post will walk you through the necessary steps so that important deadlines do not fall through the cracks. You will ultimately need to find a new patent practitioner, and this guide on how to choose a […]

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Incorporate or Trademark First?

Does it matter whether you incorporate or trademark first? Incorporate or trademark first? The answer matters a great deal. Filing a trademark application properly requires a correct identification of the owner. Naming the wrong applicant can be fatal since the USPTO will not allow you to change the applicant’s name after filing your trademark application. […]

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Is there a single patent that covers all countries?

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? Not exactly. To procure foreign utility patents, however, you can file one international patent application that gives you patent-pending status […]

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How to Challenge a Design Patent Application

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. If they filed a design patent application, you won’t be able to see it unless and […]

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Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations

What is a trademark counterclaim? Is the best defense a strong offense? When it comes to TTAB oppositions and cancellations, it may make sense to consider filing a counterclaim against the plaintiff. Monetary relief is unavailable in TTAB proceedings. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner […]

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How to Respond to a Notice of Opposition to Your Trademark Application

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The opposition […]

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Do we recommend PCT patent applications?

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. Generally, we recommend PCT applications if you: need more time; want to defer legal costs; and/or wish to keep open the option to file in major foreign countries. Keep in mind […]

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Is a method of treatment patentable in the US?

Are methods of treating humans patentable in the US? Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. Patenting a method of medical treatment would still involve hurdles of obviousness and lack of novelty. So it is possible to […]

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China Utility Model: How is this China utility patent alternative changing?

What is the status of the China utility model process? Utility models (UM) are known for being cheap and automatic. For US filers seeking patent protection in China, the utility model is an attractive alternative to filing regular utility patent applications. Understandably, companies seek cost-effective ways to gain utility patent protection without spending so much. […]

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