Over 2,000 Patents Successfully Granted For Our Clients Since 1993
How your patent is written can make the difference between owning your idea and losing everything to a competitor.
At Goldstein Law Offices, P.C., we have helped over 2000 individuals, entrepreneurs, and small businesses, obtain the patents they were seeking. Many of our clients’ patents have gone on to form the basis of very successful products and companies. Obtaining a patent often presents extremely complex issues that require a great deal of skill and communication, before, during and after the application process.
We have also helped many thousands more evaluate the potential value in patent protection. It all starts with doing a thorough search at the USPTO patent office. We’ll do the research and give you an honest recommendation based on doing this for over 25 years. Filing a patent is not the right choice for every person or every idea. Because our law firm is dedicated to meeting your individual needs, we will give you the information that matters, even if it means that you will not need our further services.
We love working with entrepreneurs! And because our law firm has always been dedicated to meeting your individual needs, we will give you the information that matters, even if it means that you will not need our services to file a patent on your behalf.
We’ve obtained over 2,000 patents in the following areas:
- Software Patents
- Household Device Patents
- Medical Patents
- Chemical Patents
- Process Patents
- Electronics Patents
- Business Method Patents
- Mechanical Patents
If this is your first time patenting something, and/or you’re just starting to look into the patenting process, we have 6 helpful intro videos that should address many of your questions & concerns.
Protecting Your Business, Your Inventions, & Your Name
A Google search won’t tell you for certain if your idea exists. We will conduct a thorough search at the United States Patent Office to find similar inventions that came before yours, which is known as the “prior art”. After searching for prior art we will advise you whether your invention is patentable in light of previous inventions. This can be critical for making a good decision about whether to proceed further. We understand that you’re not paying us for hype, you need the straight truth to take the right steps.
Patent Evaluation Fee Includes:
- Initial patent discovery meeting.
- “Prior art” research conducted at the USPTO.
- Review and consultation regarding the results of prior art research.
- Consultation to discuss the possibility of applying for & obtaining your patent.
The drafting of your patent application is the most critical step. How your patent is written can be the difference between owning your idea and losing everything to a competitor. With all the technology, biotech, pharmaceutical, telecom, wireless and other science-related disciplines that make up our economy today, the technical knowledge and experience that must go into writing your patent application is critical to obtaining the right results.
Do NOT attempt this on your own
A typical patent application can be 20, 30, even 40 pages in length. Writing a patent application is the most critical, the most technical, and requires the most skill of anything in this entire process. We’ve applied for and obtained over 1800 patents, so we know what it takes to get a patent that is perfectly appropriate for what you need.
If the review by the patent examiner is favorable, you’ll be issued what’s known as a “notice of allowance”, which tells you that you’ve been approved for a patent. Once you pay certain issuance fees, the patent will be granted. Once the patent is issued, you have the right to exclude other people from making, using, or selling your invention within the United States. And this is a right that you can keep for yourself, sell to someone else, or license to a company who wants to make that product.
Benefits of Obtaining Your Patent
- Prevent theft of invention
- Reduce competition
- Higher profit margins
- Encourage settlements
- Expand market share
Imagine that you are about to launch a product. You’ve already patented it, but now you’ve come up with a clever name for the product. You’ve built a website with the product name that describes the product. You’ve come up with a logo that is really unique and distinctly shows what your product is all about. What you want to do is protect that name and that logo with a trademark as you prepare to launch your product.
Your patent protects the underlying idea for your product, but the trademark will protect your business name and logo that distinguish you from your competition. Patents are useful for protecting the functional features of the item, when there’s something distinctive about the product itself. Trademarks are useful when what we’re dealing with is the branding of your product. The purpose of Trademark law is to protect consumer expectations and prevent consumer confusion.
How Do I Get A Trademark?
In order to obtain a federally registered trademark, you need to apply at the United States Patent and Trademark Office. Names, logos, and slogans for your product or service can be protected with a trademark. Before applying however, you’ll want us to research your mark first to see if other companies have conflicting marks that might prevent you from obtaining your trademark.
It’s About You…Your Ideas…Your Goals.
What we do to help you should be a function of whatever it is that you are out to accomplish in the world with your idea. If someone sets out to just get you a patent, without understanding your goals, it’s quite likely you will spend a lot of money and still not get what you need for you and your business. That’s why we want to understand your goals from the very beginning – so that we can make sure we are headed in the right direction from the start.
“Rich Goldstein has deep experience helping inventors get the patents they need, and avoiding the ones they do not.”– Neil Milton, author of Intellectual Property Law for Dummies
“My first patented invention helped me grow a single product company into a company with an entire line of hair accessories and other beauty products. In the course of enforcing my patent rights against competitors, other intellectual patent attorneys have complimented on how broad my patent application was written.”– Mia Minnelli Kaminski, Founder and CEO of The Tonytail Company, Inc
“Your service, response, and dedication, made the filing process easy for me. Both patents you recorded for me seemed to have gone smoothly, and when there was a need, you solved the problem. Thanks to your dedication my patent #6612615, is protected, and my business is growing safely.”– Eldad Dimand, CEO of Trilift
“I want people to know that you really went to bat for me when it mattered most. While most of the patents you got for me went through on the first shot, for those that didn’t: you fought hard to get them approved. As a result, my products sell around the world, and generate millions. You are the best!”– Lou Sardo
Frequently Asked Questions
A patent search is simply a research project that produces a pile of paper. In other words, it’s research that results in a stack of patents that may be close to your idea—or not. An inventor just having a patent search done is kind of like having an x-ray performed, and then having the technician hand you the x-ray film to review on your own, without having the benefit of a doctor reading the x-ray, interpreting it, and discussing what it means with you.
If you just want a patent search performed, there are many companies out there that can perform a patent search for you. But be careful. Because there are different levels of thoroughness in patent searches.
We work with clients who value not only having a stack of patents, but getting some real answers, professional guidance, and advice about what the results mean and what are the most appropriate next steps in their situation.
Our patent evaluation is a holistic approach, where we get to know you, your goals, and what’s important to you. We get the right research done, and then we review and interpret that research and discuss with you what it means for you and for your idea.
You’ll get real results that will give you the solid information you need to move forward with your project.
The two main types of patents are design and utility. The type of protection they offer is very different.
Design patents only protect the ornamental appearance of a functional item. They do not protect, however, the concept of the product. Since they protect the appearance of the product, they can be useful in preventing someone from directly ‘knocking off’ a product, by unimaginatively copying it’s appearance in full detail.
The battle cry, “But I have a patent! How could they copy me?” is very often heard from people who just have a design patent and don’t understand the limits of its protection.
Utility patents protect functional inventions. Generally, if you have a functional invention, the goal is to get a utility patent if possible.
However, not all utility patents are created equal. Just because you have a utility patent, that doesn’t mean your invention is protected. The patent claims in a utility patent determine the limits of protection. Patent claims in some patents can be “broad”—protecting a whole concept that would be difficult for someone else to duplicate without infringing your patent, or “narrow” in other patents—protecting only a very specific configuration of your invention.
In other words, the claims in your utility patent can make the difference between having a patent for any three-legged chair, and having the patent for a very specific configuration of a three-legged chair. The latter would require a person to copy your very specific configuration in order to infringe the patent. The value of such a patent then, would be quite limited. It would only be valuable to someone who believes that this very specific configuration would be important to consumers.
Inventors often want to ask this question, but usually they’re pretty shy about actually asking it. Don’t worry, we are not offended. We understand your concern. Your idea is important to you and you want to do this correctly and carefully.
The fact is, you can rest easy because both federal and state laws require attorneys to keep their clients’ confidential information secret, and to use that confidential information solely for the benefit of the client. Therefore, anything you discuss with your patent attorney will be used solely to help you get patent protection.
So the answer is yes – you can safely discuss your idea with a patent attorney.
If you receive a notice of rejection from the United States Patent and Trademark Office (USPTO), it would likely be because the patent examiner feels that your idea is obvious or not novel. This is not unusual, and there are often various things you can do that may result in your still getting a patent. One option is to file a response to convince the examiner to still grant the patent.
When faced with a rejection another option is to design around the prior art that is the patent examiner’s grounds for rejection. It may be possible to bring your idea a little bit further than the examples in the prior art by looking through the prior art again, to see if there’s something that was missed—some element you can change or something new you can add—so that you would still have something that is novel and non-obvious (and therefore patentable).
You’ve probably noticed a lot of products out there that are marked ‘Patent Pending.’ This means that a patent application has been filed .
When you file your patent application, the filing date of your application establishes your priority toward getting the patent. Having this priority is what made most of those companies feel safe enough to release their products.
It’s important to understand, however, that until you have a granted United States patent—that is, a patent that’s been examined by the United States patent office, approved, and issued—you can’t stop anyone from making, using, or selling the same idea as yours. So there is a certain amount of risk in marketing your idea until you have a patent in hand.
That being said, you know that not much is going to happen with your idea unless you get it out in the marketplace. So selling it while it’s still patent pending may well be to your advantage in the long run.
While there may be a similarity between trademarks and patents, the truth is that they are two different ways to protect intellectual property. Patents are designed to keep others from making use of an invention without your permission. Trademarks protect the name, service, logo or colors of your brand to ensure that there is a distinction between your products or services and that of your competition.
Give our law firm a call and we’ll help you determine if a patent or trademark makes the most sense for you.
Patent Attorney Richard Goldstein
Mr. Goldstein is one of the most reputable patent attorneys in the U.S., and author of the best-selling book: The ABA Consumer Guide to Obtaining a Patent. He has given critical advice to more than 10,000 inventors, and has obtained over 2,000 patents for his clients, since 1993!
- State University of New York, Stony Brook, Electrical Engineering, 1991
- Brooklyn Law School, 1994
Admitted to practice:
- United States Patent and Trademark Office (USPTO), 1993
- New York Bar, 1995
- American Intellectual Property Law Association (AIPLA)
- American Bar Association (ABA) Law Practice Division
- Federation International des Conseils en Propriete Industrielle (FICPI)
- New York Intellectual Property Law Association (NYIPLA)
- Licensing Executives Society (LES)