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Patenting Criteria: Novel, Non-Obvious, and Useful
The United States Patent Office (USPTO) grants patents to inventions that meet three main criteria. The invention must be novel, nonobvious, and useful.
To be novel, an invention must be substantially different from anything else that is public knowledge. Public knowledge includes anything that has been previously patented, anything that has been written about in a publication, or anything that is already being sold in the open market. The scope of this public knowledge extends worldwide. So if your invention has already been patented in Europe but not necessarily in the United States, your invention is not novel and does not qualify for a patent. However, an invention can be novel even if it simply combines two existing ideas. A shoe with an air conditioning unit, powered by the motion of walking, combines the existing invention of the shoe and the air conditioner. However, the final product is substantially different and putting the two together is non-obvious. Read More.....
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What Are Trademark Classes?
A trademark class is a categorization of goods/services that the trademark is used with. Each trademark must be registered with at least one class of goods or services. See the Complete List of Trademark Classes. The class or classes associated with a trademark is an important distinguishing component of a trademark. Two registered trademarks may exist at the same time with the same mark, if each one is assigned to different classes of goods/services, and provided that there is no likelihood of confusion, or possibility of mixing the two up. Read More.....
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What Can I Trademark?
To distinguish your goods from those of others, and to indicate the source of those goods (trademark)
To distinguish your services from those of other providers, and to indicate the source of those services (service mark) Read More.....
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Understanding Trademarks
A trademark is a brand name - usually any word, name, slogan, logo, or symbol. It is a way to protect and distinguish your products and services. It ensures that only the owner of the trademark will reap the benefits of the financial and reputation rewards associated with the mark and its relative products or service. Read More....
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Well Written Provisional Patent Applications
The way a provisional patent application is written is extremely critical to the success of your full non-provisional patent application, should you file one later on.
A provisional patent application allows you to quickly file a "priority date" or in other words, an "invention date". If you decide to file a full, non-provisional patent later on, you can claim your provisional application's priority date so that if your patent is issued, you have patent rights from the date you file your provisional as opposed to the date you file your non-provisional. Read More....
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Reasons to File a Provisional Patent Application
There are several reasons why you may want to file a provisional patent application before filing a full non-provisional patent application.
A provisional patent application is quick
Whereas a full patent application (non-provisional) takes a professional several weeks to properly draft, a provisional patent application can often be filed within 1 day. A quick filing allows you to obtain an early filing date for your invention. Filing dates are often used to establish who was first to invent something. Read more.......
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The Patent Process
Substantiate Your Idea
The first step in obtaining a patent is to gather your ideas together. Put down all the concepts that make your invention work, detailing how each part of your invention functions. You may want to have a working prototype of your invention, if applicable.
Meet with a Patent Professional
Call us and set up a free consultation with one of our patent professionals. We are happy to discuss what steps you should take. After your consultation, you may decide to do a pre-application search to get a better understanding of whether or not your invention is able to receive a patent. Read more....
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Understanding Patent Search Reports
If your idea has already been patented anywhere in the world, your invention is not original and therefore cannot be patented. A patent search report provides a list of existing and pending patents that are similar to yours. This can give you a better understanding as to whether your idea is novel and non-obvious, two of the three requirements to be eligible for a patent.
Patent searches vary by the amount of data that is searched through. A search of free patent databases such as from the US Patent Office website or Google Patents will only search through most US patents. However, even an international patent could be used by a patent examiner at the US Patent & Trademark Office (USPTO) to reject your patent application. As a result, it is important that a search includes international patents as well.Read More....
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Understanding Design Patents
This article gives general information about design patents
A design patent allows you to protect the "ornamental design of a functional item" for 15 years. By protecting an item's look, form, and structure with a design patent, you prevent others from manufacturing or importing that design unless you sell or license those patent rights.
A few examples of design patent categories include jewelry, clothing, furniture, a beverage container, or even a computer icon.
In contrast with a utility patent, a design patent does not protect an item's function. If you created a modern-looking chair, you invented that modern look, not the chair itself.Read More.....
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Patent Filing Dates
A filing date is the date a patent application is received by the US Patent & Trademark Office (USPTO). Filing dates are important in patent law because they are often used to determine who invented something first and therefore able to hold patent rights to it. The famous story tells of Alexander Graham Bell rushing to the patent office to beat Thomas Edison in patenting the telephone in 1876.
Filing dates also establish when your patent rights begin. If the USPTO approves your patent application, you obtain patent rights starting from your filing date, not from when the application is approved.Read More....
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Understanding Provisional Patent Applications
A provisional patent application is a quick and relatively inexpensive way to declare an invention as your own. When you submit a provisional patent application to the United States Patent Office (USPTO), you establish what you have invented as well as a filing date. Filing dates are important in patent law because it establishes who created a particular invention first, and subsequently, who has rights to that invention. It may be possible that someone, somewhere, is currently thinking of your same idea! Whoever submits their invention to the USPTO first, and has an earlier filing date, will have first opportunity to get a patent for that invention. Having a provisional patent application also allows you to legally use the term “patent pending” when marketing your idea. Read More....
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Amazon Brand Registry Requires a Standard Character Mark Trademark
A patent search should be performed prior to filing a patent application. First, it tells you how likely a patent application will be approved for your invention. You don’t want to spend time and money on a patent application if the chances of approval are low. Second, it gives you an opportunity to work around existing inventions and increase your patentability. By seeing inventions that are similar to yours, you have the opportunity to improve upon those other inventions and increase your invention uniqueness. You are then able to file a patent application for the most unique and improved version of your invention, increasing your chances of patent approval. Read More....
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What is a Trademark?
A trademark is a word, phrase, slogan, logo, or symbol that represents your product or company. It is an identifier of source, where if someone sees your trademark they will know that the product or service labeled with your trademark is coming from your company and not from somebody else. Let’s study Coca-Cola’s trademarked logo to learn more about what is a trademark. Read more....
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Patent Filing Dates: Actual and Effective Date
A patent filing date is the date the Patent Office acknowledges as the date you applied for a patent on your invention. It is important because it establishes who should get the patent first, or what we call priority. Who has the first priority to get a patent for an invention if two people apply for a patent application on the same or similar invention? That is determined by who has the earlier filing date. However, the patent filing date of your patent application could be different from the date you actually filed your patent application, resulting in the difference between the actual filing date versus the effective filing date. Read More.....
#Patent Filing Dates#Actual and Effective Date#patent application#provisional patent application design#Design Patent Services USA
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Provisional Patent or Non-Provisional Patent?
Provisional patent application for 12 months or non-provisional patent application for 20 years? It depends on your objectives
With a provisional patent, you have the option to turn the provisional patent into a non-provisional patent within 12 months. The question is: Should you file a provisional patent first and then file the non-provisional patent later? Or, skip the provisional patent and go straight to the non-provisional patent?
First, let’s get some technicalities out of the way. For brevity, I sometimes refer to the provisional patent application as simply ‘provisional patent’ although technically it is not a patent yet. Second, when I mention non-provisional patent in this post, I am referring to the non-provisional utility patent. A design patent is technically also a non-provisional patent. However, for this post, we are comparing provisional utility patent vs non-provisional utility patent. If unclear, read more about the differences between utility patent vs design patent.Read More....
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Amazon Brand Registry Requires a Standard Character Mark Trademark
Amazon recently launched what they call the Amazon Brand Registry which allows sellers selling products under their own unique brand to register that brand and claim ownership of it. There are several advantages to registering which isn’t the focus of this article, but basically if someone sells product under your brand, you can tell Amazon to remove it since you own that brand. The key though, is in order to register your brand in the Amazon Brand Registry, you must have a trademark registered with the US Patent & Trademark Office and more importantly, the trademark must be a standard character mark. Many sellers trying to register their mark have been rejected by Amazon because their trademark is not a standard character mark. Read More....
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