Author: Vic Lin

How to choose patent foreign countries

Choosing patent foreign countries A US patent provides a patent owner with rights only in the US. That might be enough for patent owners who…

Can the same trademark be registered by others in a different country?

Same trademark, different country It is possible for others to register a US trademark in a foreign country. A US trademark registration does not block…

What can go wrong with a cheap provisional patent application?

Isn’t a cheap provisional patent application better than nothing? Provisional patent applications serve a useful purpose. When written properly, a provisional application can provide valuable…

From PCT to US National Stage: How to get the initial filing right

Before filing a US national stage patent application A PCT application provides several benefits beyond merely delaying the costs of filing individual national stage applications…

USPTO Consistency Initiative: What can you do about inconsistent trademark examination?

Has trademark examination become more inconsistent? Trademarks share a common feature with patents in that a trademark must be different in order to be registered.…

How to patent a government funded invention

What is an invention funded by the federal government? Certain rules pertain to any private companies or persons seeking to patent a federal government funded…

What is the delay defense (laches) in a TTAB trademark cancellation?

What is laches? Laches is a fancy legal term meaning delay. If there has been delay in filing a TTAB trademark cancellation, laches might be…

What is a TTAB summary judgment motion?

What is a TTAB summary judgment motion? A TTAB summary judgment motion is a pretrial filing made to request an earlier decision in a trademark…

Patent Reexamination: How to Challenge Granted Patents Without Spending $1 Million

What is an ex parte (1-sided) patent reexamination request? Suppose you have at least $1,000,000 to spend challenging a patent. With such a sizable budget,…

Should you file a design patent or utility patent?

Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should apply for a design patent…

What is a PCT prior art search report (written opinion)?

What is a PCT prior art search report? Patent examiners review PCT applications in the same way that the USPTO examines utility nonprovisional patent applications.…

How to Get Trademark First Filer Advantages: Why An Earlier Filing Date Matters

Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner.…

Copyright © Vic Lin 2023