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Patent Process

Patent Process

Should I Assign My Patent to My Company?

Whether you already own a patent or are pursuing a patent for your big idea, one important consideration is whether to own the patent rights individually, to assign the patent rights to your company, or to create a company and then assign your patent rights to this newly formed company.  Should I Assign My Patent to My Company? Which option is best for yourself as the inventor and your patent will depend on the specific circumstances related to your patent.…
October 21, 2020
Patent Process

How to Display Patent Pending on a Website

Being able to claim “patent pending status” can be an important marking for your product or technology to display your intellectual property rights. There are some specific marking rules that you will need to follow, however, to claim this patent pending verbiage for your invention. In general, you must make a good faith effort that your invention has proper markings and done in a consistent manner.   How to Display Patent Pending on a Website It is important for you to…
October 21, 2020
Patent Process

What is a Patent Citation?

Patent citations can be important as you prepare patent applications to protect your intellectual property or if you are conducting research and want to glean information from patents.  What is a Patent Citation? A patent citation is any document cited by a patent applicant, patent examiner, or third party that relates to the content of a patent application. Truly any publicly available document can form the basis of a patent citation. Here are some typical types of patent citations: Existing…
October 21, 2020
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

If you've never patented anything before, watch these 6 short intro videos to learn exactly what you need to know about the patent process to protect your valuable idea.

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