Different Types of Patent Searches – an Overview People are surprised to learn that multiple types of patent searches can be conducted, and the search selected will depend upon the search’s rationale. This article provides an overview of the different types of patent searches that can be done. Novelty or Patentability Search Novelty searches are conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). This is a vitally important search because you do not want to waste your time and resources on filing a patent application for something that is already…
How to Navigate Class Selection in a Trademark Application Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one. The class selection process may be intimidating, as each class relates to a specific type of good or service. However, there are often ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and…
Common Law Rights in Trademark Approval Many prospective trademark applicants wrongly assume that the Examining Attorneys at the Trademark Office, when conducting trademark searches for the applicant’s proposed mark, will search common law rights (i.e., use rights and unregistered rights) along with the registered and pending marks. The Examining Attorneys at the USPTO lack the resources to conduct common law searches. As a result, when an applicant fails to conduct a comprehensive search prior to filing for a trademark, you could wind up investing time and resources to register the trademark at the federal level, but that mark may still…
The Importance of Timely Filing a Patent Application Proper timing for filing a patent application can be challenging but is extremely important. If you fail to timely file a patent application, there are several factors that may prohibit you from securing a patent. Nevertheless, it is also possible to file too early. Hence, it is important to understand the importance of the filing date for your patent application. According to statutory provisions, if two or more inventors file patent applications for the same invention, priority is given to the inventor who first filed a patent application with the United…
Trademark Notice of Publication The process of registering a trademark is complex and rife with potential opposition and roadblocks. While a Notice of Publication is a promising step in registering your trademark, third parties have the opportunity to contest your mark, which may prevent registration. Once a trademark application is drafted and filed with the United States Patent and Trademark Office (USPTO), the application is examined by a trademark examining attorney within the USPTO. If the trademark examining attorney determines that your application complies with applicable statutes, rules, and fees, the trademark will be published in the trademark…
Important Guidelines for Utility Patent Drawings If you are applying for a utility patent, you need to provide the United States Patent and Trademark Office (USPTO) with a drawing, or drawings, of your invention or innovation. Failing to provide sufficient drawings, or providing incorrect drawings, can be a death knell for your utility patent application. Why? Because there are typically no do-overs when it comes to patent drawings. The USPTO does not allow patent applications to add new matter once filed. As a result, it is nearly impossible to fix defective drawings since any corrections would inherently add new matter….
Many different types of innovations and inventions can be patented in the United States. Nevertheless, there are certain things that generally cannot be patented; hence, it is important to have a baseline of knowledge of what qualifies for a patent before beginning the patent application process. Different Types of Patents Patents are typically broken down into specific patent types. The types of patents include: Design patents Utility patents Plant patents Design and utility patents are, by far, the most common types of patents pursued in the United States. Design Patent Generally, a design patent protects the ornamental features of an…
According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually. For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking. Applicants must engage in a trademark search, clearance, and extensive paperwork. Below, we will discuss two of the most common reasons for trademark rejections. Probability of Confusion The likelihood of confusion may arise if your mark is not totally unique. Could your trademark be easily conflated with something else? If so, USPTO may reject your application. When you…
When an individual finds themselves languishing in the “patent pending” phase of the application process, they often ask, “why is this taking so long?” and “should I be concerned with the status of my application?” These are perfectly reasonable and important questions. The short answer is that you should not worry very much if you find yourself in the “patent pending” phase for several months or even years. Why? Because it is important to understand that the United States Patent and Trademark Office (USPTO) is an extremely busy government agency tasked with analyzing thousands of patent and trademark applications each…