When Should a Patent Application be Filed?

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  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…

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What is a trademark notice of publication?

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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…

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What are the rules for patent drawings?

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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….

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What can and cannot be patented?

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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…

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How Likely Is a Trademark Rejection?

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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…

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Why is it important to be proactive during patent pendency?

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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…

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What are the benefits of registering your trademark?

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The Importance of Trademark Registration When you decide to start a business, one of the things you consider is how to distinguish your business from other businesses offering the same goods or services as you do. You come up with a name that customers can remember and build up enough goodwill so that you are the first business they think of when they want the goods or service that you provide. You might be feeling content with your setup until you hear that there is another business with a similar mark offering the same goods and services. Now, you’re in…

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What are the differences between patents and trademarks?

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Understanding the Differences Between a Patent and a Trademark When it comes to intellectual property law, one of the most common (and important) questions people ask      is the difference between securing a patent and a trademark. The short answer is that a trademark can help protect your brand, while a patent will help protect your invention or innovation. Overview It is understandable to get confused about the differences between patents and trademarks since, at the end of the day, they are both intellectual property rights. Nevertheless, there are important differences that carry significant ramifications for the types of legal protections…

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Do You Have Legal Authority to Enforce Your Trademark?

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Securing a registered trademark carries an array of benefits for your business. For example, it can help promote your brand and provide important legal differentiation in the marketplace. In addition, a trademark can help protect your business from competitors and scammers trying to confuse customers with low-quality and knockoff goods and services. In many instances, a trademark is the best legal recourse available to business owners who want  to maintain the very elements that identify their company in the marketplace. Common Law Trademark You may be surprised to discover that a trademark is not created the day you receive approval…

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How can a patent portfolio review benefit your business?

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Patent Portfolio Review If your business currently holds U.S. patents and you are interested in exploring the possibility of patenting other ideas and innovations, it may be worthwhile to invest in a patent portfolio review. Why? Because a portfolio review provides a valuable overview of your current patents, what sectors those patents are focused on, and how much you have invested in those patents. Let’s begin… What Exactly is a Patent Portfolio? A patent portfolio typically encompasses the sum of issued patents, patent applications, and development ideas affiliated with your business. What Exactly is a Portfolio Review? A patent portfolio…

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