Category: Patents
When is it too late to file a patent application?
Wednesday | October 7, 2020By Shane Skwarekfiling patent application, patent application, patent lawyer, Patent ProtectionGetting the timing right for filing a Patent Application can be tricky. While there are several factors that will bar you from pursuing a Patent if you file too late, it is also possible to file too early. For this…
Read MoreLife After Patent Expiration
Wednesday | September 16, 2020By Shane Skwarekpatent application, patent expiration, Patent ProtectionWhy can’t patents be renewed once they’ve lived out their 20 years? A patent becomes public domain (free for use by the public) upon its expiration, which is defined as 20 years from the patent’s earliest non-provisional filing date. MPEP…
Read MoreFiling Amendments under Articles 19 and 34 of the PCT
Wednesday | September 2, 2020By Shane Skwarekpatent application, Patent Cooperation Treaty, Patent Protection, PCT, PCT applicationInventors who file an international application under the Patent Cooperation Treaty (PCT) have an opportunity to amend their application before moving onto filing national applications in participating countries. Articles 19 and 34 are the two provisions from the PCT that…
Read MoreWhat Does Patent Pending Mean?
Wednesday | August 5, 2020By Shane Skwarekpatent attorney, patent pending, Patent Protection, provisional patentPeople often encounter products that are marked with the phrase “patent pending,” but what does that really mean? “Patent pending” can be somewhat misleading to those unfamiliar with the lengthy process involved with obtaining a patent in the United States.…
Read MoreHow to Design Around and Avoid Patent Infringement
Wednesday | July 22, 2020By Shane Skwarekpatent claim, patent infringement, patent lawWhen a company is in the early stages of product development, a freedom to operate search may reveal potentially problematic patents. To avoid lengthy and expensive patent litigation, the company should at least consider potential modifications to the product’s…
Read MoreIs My Idea Patentable?
Thursday | July 9, 2020By Shane Skwarekpatent attorney, patent eligibility, Patent Protection, provisional patent applicationUnder Article I § 8 of the United States Constitution, Congress was given the power to grant inventors exclusive intellectual property rights over their discoveries. In 1952, Congress codified a law that allows “[w]hoever invents or discovers any new and…
Read MoreHow to protect ideas and designs with design patents
Tuesday | June 23, 2020By Shane Skwarekdesign patents, intellectual property, Patent ProtectionOverview of a design patent When one thinks of a patent, what might come to mind is a complex mechanical or electrical device. These are probably examples of utility patents, which cover and protect the functionality of inventions. However, most…
Read MoreHow can the First Action Interview (FAI) pilot program save me money and time in getting a U.S. patent?
Tuesday | March 3, 2020By Shane Skwarekfirst action interview, intellectual property, patent application, patent law, patent lawyerThere is no denying it: the First Action Interview Pilot Program at the USPTO is controversial in U.S. patent law. However, if you play your cards right, you can save your company both time and money when applying for a…
Read MoreShould I file a provisional patent application or utility patent application?
Wednesday | February 19, 2020By Shane Skwarekpatent pending, provisional patent applicationAnyone filing one or more patent applications eventually faces this decision: should I file a provisional patent application or a non-provisional (utility) patent application? Often this decision is about budgets; you want to make sure that you use your budget…
Read MoreProvisional Patent Application Strategies for Success
Saturday | January 11, 2020By Shane Skwarekprovisional patent, provisional patent application, utah patent, utah patent lawyerStarting the process of patenting your innovation by filing a provisional patent application can be a high-value approach. However, misconceptions about what provisional applications are, and the standards applicable to them, may lead to a filing that provides no benefit…
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