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Patent Process

Patent Process

The Secret to Obtaining a Licensing Agreement

You already know you have a great idea, a great invention, or have developed a new technology. Knowing this inspired you to find a company interested in taking your idea further. And now, through your hard work, you have found a company that also thinks your invention is great! They are in the right industry, so not only can they appreciate the value of your idea, but they are also in a position to make it happen! Congratulations! This is…
December 10, 2018
Patent Process

What Everybody Needs to Know Before Starting the Patent Process

When considering pursuing an invention or idea, the first thing you should ask is “Can I patent it?” The fact is, when considering whether to pursue an invention or idea, most people will start by asking themselves, “How am I going to get this on the market?” Asking the wrong question first can cost you a lot more in time and fees, and may even cost you the rights to your idea. Because many people think the marketing is the…
December 10, 2018
Patent Process

Is an NDA a Good Substitute for a Patent?

NDA is an acronym that stands for “Non-Disclosure Agreement.” These are sometimes called “confidentiality agreements.” In sum, they are agreements by which people or companies agree to keep information confidential, and not tell others the secret information they discuss. What is their relevance to patents and inventions? Inventors frequently ask whether they are safe to pitch their idea to a company if they get the company’s representatives to sign an NDA. If you are wondering that as well, this article…
December 10, 2018
Patent Process

How Much Does a Patent Cost?

A typical utility patent costs about $10,000 to $20,000 dollars. Generally speaking, a design patent is well below that range, and a software patent may be more. You’re probably saying, “Wow! That’s a big range!” But the truth is, how much a patent costs depends on its complexity. And its complexity depends on several factors, including: the technological field of your invention; what prior art exists; how any applicable prior art describes a similar idea; and whether the best prior…
December 10, 2018
Patent Process

Do You Need a Trademark, or Is a Patent More Appropriate?

When it comes to whether something should be patented or trademarked, the question is: Are you building a brand, or protecting a concept? If you are protecting a product concept or design, patent law is the clear choice. Assuming that a patent is available for the subject matter of your concept, that’s the way to prevent others from pursuing the same product concept. A trademark, however, is useful—and often crucial—when you are building a brand for your product or service.…
December 10, 2018
Patent Process

Why Some Patents Are Valuable, While Others Are Worth Very Little

“But I have a patent! How could they do this?” This is the battle cry of inventors and corporate executives alike, when they see a copycat product and find out there is nothing they can do to stop it. This statement also is the result of a limited understanding of how patents work. It’s perfectly understandable that someone would respond like this when faced with a copycat product. It can be enraging to know someone “stole” your invention or product…
December 10, 2018
Patent Process

Are There Simple and Cheap Alternatives to Patenting?

We all like short cuts. When it comes to a costly or time-consuming project, any short cut that saves time or money looks highly desirable. In fact, some of the best inventions arose out of this desire to make something simpler, easier, cheaper, or more convenient. But when it comes to securing legal rights to an invention that’s worthy of protection, the money you may save in the short term can actually end up costing you heavily farther down the…
December 10, 2018
Patent Process

What Can Be Patented and What Cannot?

It stands to reason that the most common question we’re asked at Goldstein Patent Law is: “Can this type of thing be patented?” The answer to that questions depends on whether your invention or product idea meets the three criteria for patentability that the United States Patent and Trademark Office (USPTO) examiner looks at when evaluating a patent application: Patentable subject matter, Novelty, and Non-obviousness. This article explains “patentable subject matter.” “Patentable subject matter” is a legal term that means simply, the types of…
December 10, 2018