Top 5% of Patent Lawyers in Chula Vista, California | UpCounsel

Chula Vista Patent Attorneys & Lawyers

Gloria M. Steinberg Patent Lawyer for Chula Vista, CA

Gloria is a well-rounded patent attorney who runs her boutique law firm Steinberg Intellectual Property Law, LLP. She has filed hundreds of patent applications relating to software, telecommunications, biotech, and consumer products. During her free time, she is active in the legal community as a member of several intellectual property law associations and managing her blog IPRookie.com.
198 reviews

Johnny Manriquez Patent Lawyer for Chula Vista, CA

Johnny Manriques is a patent attorney with extensive experience in dealing with cases that involves intellectual property law and related legal matters. He has more than 14 years of experience and is licensed to practice law in California. Johnny is registered with the State Bar of California. He has a Juris Doctor degree in law. Johnny recently started his own firm, but worked with Procopio Cory for three years prior to starting his own law office.
90 reviews

Matt Googe Patent Lawyer for Chula Vista, CA

Matt is a registered patent attorney whose practice includes trademark application preparation and prosecution, copyrights, and related litigation. He has worked with diverse sectors including aerospace technology and medical devices. Since 2013 Matt has worked with Robinson Law IP, a firm that has been managing patent and trademark portfolios in over 50 countries.
56 reviews

Adel Aali Patent Lawyer for Chula Vista, CA

Many companies require extensive research and development, particularly those in the medical device field. Adel Ali understands that all too well because he actually founded his own medical device company. Now he helps others start their businesses in a legal capacity. He can help with formation, employment issues, and trademark filings.
2 reviews

David Sharifi Patent Lawyer for Chula Vista, CA

Whether you are a content producer, developer, or even a non-intellectual property attorney, David Sharifi can help with your intellectual property needs. He frequently consults on an individual basis as well as for startups and emerging businesses. Mr. Sharifi has experience with media and entertainment law as well as labeling and advertising. Technology also has a prominent place in Mr. Sharifi's law practice.
1 review

Brian Clarke Patent Lawyer for Chula Vista, CA

Brian Clarke is a business attorney and has 19 years of experience in the legal field. He primarily focuses on providing legal assistance for startups. Brian has extensive experience in intellectual property law and in dealing with legal matters related to transactional law and litigation. He is licensed to practice law in California and received his Juris Doctor law degree from the University of California at Berkeley Boalt Hall School of Law. Brian founded his own law firm in 2013.

Nicolas Gold Patent Lawyer for Chula Vista, CA

Nicolas Gold is a general business attorney who fundamentally focuses on intellectual property law and commercial contracts. He has more than 20 years of experience and is licensed to practice law in California. Some of the clients that Nicolas has represented includes the Jelly Belly Candy Company, Geo M Martin and Medallia. Nicolas has exceptional experience in providing legal assistance to startup companies. He has been an attorney at Gold Business & IP Law since 2014.

Triet Nguyen Patent Lawyer for Chula Vista, CA

If you need to protect a product or idea, Triet Nguyen is the right attorney for you. Practicing in California, Mr. Nguyen is a seasoned and professional patent attorney that helps with conducting patent searches, applying for the appropriate patents, and even educating clients on their portfolios. Mr. Nguyen used to work at Sun Microsystem prior to becoming a lawyer and handled all of their backend software products and frontend UI development.

Manal Dia Patent Lawyer for Chula Vista, CA

Manal is a lawyer, engineer, and entrepreneur with 5 years of experience in patent prosecution and patent rights management. While she has helped represent a diverse group of clients, she loves working with startups and helping them navigate the complexities of the patent system. She is very familiar with the highs and lows of startup life because she co-founded a 3D printing startup.

Edward Robinson Patent Lawyer for Chula Vista, CA

Edward Robinson is a patent attorney that mainly works with corporations to help them obtain patent protection for pharmaceutical products, medical devices and related inventions. He is registered with the U.S. Patent and Trademark Office. Edward has over 14 years of experience. He practices law in California and received a J.D in law from the University of San Diego School of Law. Edward has recently jointed Tech Law LLP, but have represented a large number of companies as a corporate counsel.
25 reviews

How to Patent an Idea

Learning how to patent an idea is an important process to understand so you can protect your ideas from others copying and profiting from your hard work.

Unfortunately, the filing process can be scary if you’ve never done it before. Taking an idea from conception to patent requires a large investment of time to research your idea and its market, create detailed drawings, and learn how to write clearly using very specific terminology.

If you follow our 5 easy steps you can protect your million dollar idea from competitors. However, as an important note, it is strongly recommended that you always consult with an experienced patent attorney for reasons outlined at the bottom of this article.

To begin patenting your idea, you must understand what a patent is:

What is A Patent?

A patent is a legal grant or license from the USPTO that gives an inventor exclusive ownership rights to his or her invention over making, using, offering for sale, and selling the patented item or idea in the U.S.

What is not given is the right to make, use, offer for sale, sell, or import the idea. For example, if you get a patent for baby formula, it doesn't mean you have the right to sell or market your baby formula before passing through lots of regulations and tests. You only have the right to prevent others from selling or marketing what is covered in your patent claims.

Types of Patents:

There are three types of basic patents recognized by the USPTO:

  • A Utility Patent is the most common patent type and is used for approximately 90% of patents. According to the USPTO, a utility patent is issued for the invention of a “new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof…” Utility patents protect its holder’s rights for up to twenty years from the date of patent application filing.

  • A Design Patent is issued for a “new, original, and ornamental design embodied in or applied to an article of manufacture…” In general terms, while a utility patent protects the way a product is used and works, a design patent protects the way a product looks.

  • A Plant Patent is issued for a “new and distinct, invented or discovered asexually reproduced plant…”

 

Provisional Patent Application: What is it?

A provisional patent application is a type of patent application filed with the US Patent and Trademark Office. Under US patent laws that went into effect in 2013, an applicant who is the first to file a patent application for a new invention has an effective filing date over those who file later. The provisional application is a lower cost application that allows you to gain first to file status quickly.

However, a provisional patent application does not become a granted patent and is not examined on its merits.Formal examination that leads to patent grant is delayed during the provisional application period. It is a sort of holding place, for up to one year, to document your invention date and gain first to file status. To obtain a patent on the invention, you must file a non-provisional patent application.

A non-provisional patent application is a highly detailed application that will be examined by a USPTO patent examiner and can become a granted patent. A granted patent can fully protect your invention and be enforced against others. You can also claim the benefit of your provisional filing date in your non-provisional application, if it’s filed within 12 months after your provisional filing.

You may file a non-provisional application initially. However, a provisional application affords you time to complete the detailed and more expensive non-provisional application and develop your invention into a market ready asset. In addition, the 20 year patent term does not start to elapse during the provisional pendency time. Therefore, you effectively get an extra year of patent protection.

Compared to its related non-provisional application, a provisional application can be filed with an abbreviated disclosure. Formal patent claims, an oath or declaration, and an information disclosure statement of prior art are not required. Drawings are not required unless they are necessary to understand your invention. Curiously, they usually are necessary. If you have any question about whether drawings are necessary to understand your invention, then include them.  

Keep in mind that a provisional filing must meet US patentability requirements. It must also include enough details to be a complete template for the non-provisional filing. If an examiner decides that your non-provisional filing is too different, then you will lose the benefit of your provisional filing date for any new subject matter. The examiner may believe that the differences show that you were not in “possession” of your invention. The scope of your provisional disclosure must fully support your non-provisional application to avoid such new matter rejections. That includes text and drawings.

When you evaluate which type of application to file, consider how long it will take to develop your invention into a product and its viable market life. For example, a long development time or a long market life often favor filing a provisional application. In part, that’s because your 20 year patent term clock does not start ticking away during the time that the provisional application is pending.

The level of innovation in your field of interest, urgency to obtain a granted patent, and investor demands, are examples of factors that may complicate your filing decisions. Each situation is unique. An experienced patent attorney will help you make an optimum choice between filing a provisional or non-provisional patent application.

 

What Is a Patent Infringement Case?

Patent infringement cases result when a patent owner, or any entity who holds sufficient interest in a U.S. patent, files legal action against someone they claim is using the patented creation without permission.

Your defenses in a patent infringement case can include:

  • Invalidating the patent

  • Claiming non-infringement

  • Citing prior use, first sale or repair doctrines, inequitable conduct, patent misuse, or limitation on rights

  • Laches, formerly an important defense, may soon no longer be valid

Overview of a United States Patent

United States patents are issued by the U.S. Patent and Trademark Office (USPTO). They cover all useful and non-obvious inventions. A patent gives you the right to prevent others from making, using, selling, offering for sale, or importing the patented invention.

There are, in general, three varieties of patents:

  • Utility patents — these protect useful and new inventions. They are what people usually mean when they say "patent."

  • Design patents — these protect the way something looks.

  • Plant patents — these provide protection for new and distinct plant varieties that have been asexually reproduced under controlled conditions.

Patents filed before June 8, 1995, provide protection of 17 years from the date of issue, or 20 years from the filing date — whichever is longer. Patents filed later provide protection of 20 years from the date of filing.

A patent includes the following elements:

  • Cover Page — includes:

    • the filing date

    • date of issuance

    • title

    • inventors' names,

    • assignee (if any)

  • Specification and Claims — this is the main body of the patent, which includes:

    • complete description

    • background

    • technological background

    • figures

    • drawings

    • the scope of the invention

    • claims of ownership

    • assertion of rights to exclude others

    • outlines of each element and limitation of each apparatus or method of the invention that is covered under the patent

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Legal Services Offered by Our On-Demand Chula Vista Patent Attorneys

Our experienced Chula Vista patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.

Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.

Our Chula Vista patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.

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