A patent is the core legal protection for inventors and their inventions. The purpose of this protection is to provide an inventor with the necessary time and space to make, use and sell his or her invention without the threat of competition. In essence, it is the right to exclude others, for a specified time period, from simultaneously building, using or selling that particular invention in the marketplace.

Reference:

• Book: The Inventor’s Guide to Patents, Chapter 1 for more details. (click to grab a free copy)
• Blog: What is a Patent? How Can it Help Me? (The Ultimate 2019 Guide!)
• Video: What is a Patent? Everything you need to know.

A patent gives the inventor the right to stop others from making, using, selling or importing the patented goods or services without permission of the patent holder; allowing you to retain exclusive commercial rights, which is a big deal for when you look to monetize your invention. Additionally, there is the altruistic reasoning for patents, and that is as a contribution to the world at large, participating in the advance of technology as a whole.

Reference:

• Book: The Inventor’s Guide to Patents, Chapter 2 for more details. (click to grab a free copy)
• Blog: Top 3 Advantages of Patents (Wait! 20-years of protection?)
• Video: Should you get a patent? Top 3 advantages and disadvantages.

According to the patent statute “Any person who invents or discovers any new and useful process, machine manufacture, composition of matter or any new and useful improvement thereof, may obtain a patent.” This gives us the four main categories of patents.

Process: A set or series of acts, in a certain order and sequence.
Machine: The apparatus itself. The sum of various physical parts that carry out a process.
Manufacture: An assembly or system of apparatuses.
Composition of Matter: The combination and mixing of substances that form a chemical union, and changing them at the atomic level.
Reference:

• Book: The Inventor’s Guide to Patents, Chapter 3 for more details. (click to grab free copy)
• Blog: Is My Idea Patentable? Definitive Guide! (The #1 Question to Ask…)
• Video: Can I patent my idea? Is my idea patentable? (Everything you need to know)

For a client that wants to know what patents or publications (known as prior art) are already out in the public. This helps answer the basic question of novelty: “Is my invention or improvement really new?”

A patentability search is a vital part of any IP strategy. Patent searches can help you refine your invention, complete a successful patent application, and fully protect your intellectual property. And, a professional and comprehensive patent search can help you avoid unnecessary expenses and delays. Learn more about patent searches below.

Reference:

• Bold Ideas: The Inventor’s Guide to Patents, Chapter 8 for more details. (click to grab free copy)
• Blog: How to do a Patent Search in 6 Steps (The Definite Guide)
• Blog: Advanced Guide to Google Patent Search (w/ Patent Attorney Secret Tips)
• Video: How to do a patent search. In-Depth Patent Search Tutorial (Free resources included)

A Provisional Patent Application serves to establish a foothold, it is a less formal cursory patent, that once accepted by the USPTO gives you one year to test, build and refine the description and claims of your Non-Provisional application.

A Non-Provisional Patent Application requires a much more in-depth and clearly defined summary of your invention, including technical drawings, Full Claims, description and more.

Reference:

• Book: The Inventor’s Guide to Patents, Chapter 14 for more details. (click to grab free copy)
• Blog: Difference Between a Non-Provisional & Provisional Patent Application
• Video: Provisional vs. Non-Provisional (The Differences You Need to Know)

1. Not Yet: We have a very comprehensive invention disclosure process that will allow any inventor to fully disclose their invention such that any of our attorneys can fully grasp the inventive concept behind the invention.
2. Value of NOT Knowing: We know the law, that’s our job. There comes a vast array of values that come from working with a Patent Professional. One of those is having a technical writer that does not know your particular invention yet. This will benefit you because we will not overlook any detail, or assume anything about your invention (which someone in your field might).
3. Technical Attorneys: Each of our USPTO registered Patent Attorneys has at least a Bachelor’s, Master’s or PhD in a STEM or Science field, has passed a rigorous Patent Exam and gone to Law School as well as passed a State Bar. This background of intensive learning, both technical and analytical, will no doubt be of great help to understanding your invention fully
4. Sometimes Better than You: Yes, I said it. We probably know more about your invention than you do. It’s part of our training actually, and it’s a wonderful thing for you. As you will see – in our process, our Attorneys will actually help you broaden your scope of invention to include other applications that you might not have even considered when you first disclose your first version of your invention.
5. Research is Included: Because it’s our job to fully articulate and properly claim your invention – some technical research may be necessary. However, you will not be charged any additional fees for this research – it’s part of the job!

Resource:

• Blog: 10 Tips for Inventors: Meeting with a Patent Attorney
• Blog: 10 Things to Look for in a Software Patent Attorney (Everything You Need to Know)

1. It’s up to You: Patents are a very valuable asset to any company. However, you need to be able to find a market need in order to monetize them. We provide you with the legal tools enabling you to be successful. Ultimately, you are responsible for marketing your invention. We recommend doing a patentability search with us before filing an application to determine the likelihood of your invention receiving a patent
2. And then some. You’ll find that through the invention process, it will open up your eyes to a multitude of innovation spin-offs that stem from one core technology. You want to get a patent not only for the immediate technology you’ve developed, but also to secure your place in emerging markets related to that technology.
3. Liability Avoidance: Going through the patent search process, will enlighten you to a landscape of enforceable patents that others own, and will guide your path into the market to avoid infringing someone else’s rights
4. Money, Money, Money: Patents bring most of their financial benefit by preventing competition (for a limited time). This means that you are the only one able to make, use, sell or import your invention into the US. Patents can also be transfered, like any other piece of real or tangible property in order to reap a license royalty or through a lump-sum sale.

Resources:

• Blog: Selling Your Patent. What You Need to Know.
• Blog: 10-Part Guide to Patent Licensing

1. Absolutely: You get protection in the sense you have a right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.
   Preventing
2. Infringement: US Patent Laws enable rights holders to prevent those infringing activities AND collect a reasonable royalty OR your lost profits from the infringement
   Exclusivity for
3. Improvements: You can continue to develop your technology and make improvements within the claimed scope of the patent while others would need to license it from you.

Reference:

• Book: The Inventor’s Guide to Patents, Chapter 2 for more details. (click to grab a free copy)
• Blog: Top 3 Advantages of Patents (Wait! 20-years of protection?)
• Video: Should you get a patent? Top 3 advantages and disadvantages.

1. Without a Patent, there’s nothing to license: The idea of “licensing” is providing to one or more party some subset of your rights you own; without havnig documented IP ownership, there is essentially nothing to license.
2. Know when to Patent: If your invention, once sold on the open market, can be reverse engineered, you need a patent if you want to continue to monetize it. Otherwise, disclosing your invention for manufacturing without a patent could lead to it passing into the public domain. Then you would have no intellectual property rights to your product!
3. Beware of Sharks: There are many invention brokering companies that will tell you “you don’t need a patent” to do a deal…but be VERY wary of these organizations. Without a patent, there is NOTHING keeping Kevin O’Leary from stealing your product and selling it without your permission – not so “wonderful” is it?
4. Protection Outside of Patents: Don’t worry if your product isn’t patent eligible, we might be able to secure intellectual property protection under copyright or trademark.

Resources:

• Blog: Selling Your Patent. What You Need to Know.
• Blog: 10-Part Guide to Patent Licensing

1. Cringeworthy Disclaimers: Inexpensive Legal Provider disclaimer: “Inexpensive Legal Provider is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
2. Not for your “Baby”: There may be a time for using bargain legal services, but protecting your intellectual property is not one of them. A subpar/unskilled drafted patent application likely claims less protection than a properly drafted patent from a patent attorney
3. Patent Attorneys, not merely Agents: Many low-budget patent operations are comprised of Patent Agents (those technical writers that do not have law degrees). Without law degrees, an understanding of recent case law and how patents should be crafted to broaden scopes and avoid rejection/issues down the road is invaluable.

1. We are specially trained professionals who focus on securing intellectual property protection for our clients and supporting their business needs.
2. We know the law – recent cases, decisions, and latest updates on how examiners will review claims
3. We know the lingo of the examiners at the Patent and Trademark Office.
   We know legal nuances and rule exceptions that can get a difficult/complicated/ patent application approved and issued.