Patent Process

What Is a Provisional Patent?

A provisional patent is actually a misnomer because a “provisional patent” does not exist.  Rather, you can file a provisional patent application in order to get patent priority for your product or invention.  The provisional patent application won’t be your official patent application that will be the basis to grant you patent approval.  Instead, it is a stepping stone that allows you to preserve the “filing date” for your patent while giving you some more time for additional research and…
October 14, 2020
Patent Process

What Is Patent Infringement

A patent gives the patent holder the legal intellectual property right to exclude others from making, using, selling, or importing whatever is within the scope of the patent. Patent infringement is when someone carries out an act that infringes on this legal right without the permission of the patent holder.  Deciding what constitutes a patent infringement and the type of patent infringement that may have taken place can get complicated. If you discover someone is somehow using or selling your…
October 8, 2020
Patent Process

How To License a Patent for Royalties

If you have a patent for your new product or invention, you will want to decide whether to bring the invention to market yourself or to license your invention to others. By entering into a licensing agreement, you will be able to earn royalties on your patent while someone else invests the time and resources to manufacture your idea.   Patent Licenses Explained Because of the intellectual property rights granted to you through your patent, you can transfer or “rent” these…
October 8, 2020
Patent Process

How to Sell a Patent

Being a patent owner can be an incredibly valuable resource. Applying for and obtaining a patent can be a sometimes long and complicated process. Once you get a patent, you still need to figure out how to monetize the patent.  How to Sell a Patent How best to sell a patent will depend on your ultimate goals as well as your current circumstances.  To monetize your patent, you have a few options: Sell the patent rights for your invention; Grant…
October 8, 2020
Patent Process

Patent vs Trade Secret

Patents and trade secrets are both types of intellectual property. Understanding the differences between these intellectual property rights is very important as you consider the best protections for yourself and your business ideas.  Patent vs Trade Secret Wondering if you should obtain patent vs trade secret protection for your product or technology? Both intellectual property rights have strengths and weaknesses.  Which option is better for you will come down to different considerations based on the type of property you want…
October 8, 2020
Patent Process

What Is a Poor Man’s Patent?

Have a big idea but no funds to file a patent or hire a patent attorney? Have you been told to file a “poor man’s patent”? This phrase is often used when discussing how to get a quick and cheap patent.  So exactly what is a poor man’s patent? What Is a Poor Man’s Patent? A poor man’s patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly…
October 7, 2020
Patent Process

Can You Patent an Idea Without a Prototype?

If you’re working on patenting an idea, a common question that comes up is whether or not you need a prototype when filing. Can You Patent an Idea Without a Prototype? You can file a patent application to the Patent and Trademark Office for your idea without a prototype. However, you do need to know enough detail about your idea to accurately describe it in the application. Prototypes can be very helpful in understanding and fleshing out your idea, so…
October 7, 2020
Patent Process

What Happens When a Patent Expires?

By law, a patent will protect your intellectual property rights for only so long. After a certain number of years, your patent protection will expire. Most of the time, you won’t be able to extend your patent’s term and it will become part of the public domain.  Because this is an inevitable point in the life of all patents, you will want to take into consideration what happens when a patent expires and plan accordingly.  Why Does a Patent Expire?…
October 6, 2020
Patent Process

How Long Is a US Patent Good For?

Are you wondering how long is a US patent good for?  A patent’s term depends on the type of patent, but most patents are good for 20 years. The calculation depends on many factors, including the type of patent, whether regulatory approval is needed, and how long the United States Patent Office takes to approve the patent.  The Term of a Patent Depends on the Patent Type How long does a patent last? The first thing to consider is what…
October 6, 2020
Patent Process

Can You Patent an Algorithm?

Have you developed a new software code and are wondering if you can patent an algorithm? This is a common question with developers, as they often want to know if their algorithm can be protected under intellectual property law. Can You Patent an Algorithm? Unfortunately, Algorithms on their own cannot be patented because they are considered an “abstract idea.” However, you can patent the software process underlying your algorithm.  Algorithms in Today’s Information Age Artificial intelligence and machine learning developments…
October 6, 2020