Fremont Patent Attorneys & Lawyers
How it Works
Ross Brandborg
Kanika Radhakrishnan
David Yamaguchi
Eric Alspaugh
Ali Shalchi
Joel Douglas
Samuel Pierce
Niq Howard
Gene Rhough
Monica Winghart
Fremont Patent Lawyers
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:
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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.
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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.
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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:
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Invalidating the patent
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Claiming non-infringement
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Citing prior use, first sale or repair doctrines, inequitable conduct, patent misuse, or limitation on rights
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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:
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Utility patents — these protect useful and new inventions. They are what people usually mean when they say "patent."
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Design patents — these protect the way something looks.
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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:
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Cover Page — includes:
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the filing date
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date of issuance
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title
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inventors' names,
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assignee (if any)
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Specification and Claims — this is the main body of the patent, which includes:
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complete description
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background
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technological background
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figures
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drawings
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the scope of the invention
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claims of ownership
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assertion of rights to exclude others
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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 Fremont Patent Attorneys
Our experienced Fremont 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 Fremont 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.
Improve Your Legal ROI with Affordable Patent Attorneys that service Fremont, CA.
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This is the most recent 20 reviews out of 565 reviews for Patents attorneys in California
Patent Consultation
"It was great working with Ahmad! He was thorough in explaining details of my case and very communicative during the process."
Bonney R
.
Hacienda Heights,
CA,
about 1 month ago
Legal Review of IP Agreement, NDA, and ISO Options Agreement/Execution for Pursuing Own Innovations in Similar Field
"Rich was able to give me some very helpful, down-to-earth explanations an insight"
Quinn M
.
Hemet,
CA,
4 months ago
Assist with Other Patent Matter
"Did a great job on a provisional process patent filing. Very thoughtful and responsive to notes and questions."
Robert T
.
Los Angeles,
CA,
4 months ago
Draft Response to USPTO Office Action (Patent)
"terrible"
Ross M
.
Orange,
CA,
9 months ago
Provisional Patent
"Great to work with him. Will continue working with him in the future."
Mahesh G
.
Cupertino,
CA,
10 months ago
Assist with Other Patent Matter
"Timely and professional!"
Jia (Carol) X
.
Castro Valley,
CA,
11 months ago
Patent Infringement Consultation
"I recently had the opportunity to work with Ross Brandborg and I must say, I am thoroughly impressed. His expertise in patent law is unparalleled. Ross provided insightful, clear, and practical advice that was instrumental in navigating through our complex legal situation. His responsiveness and attention to detail made a significant difference. Ross not only demonstrated a deep understanding of the legal intricacies but also showed a genuine commitment to our case. His professionalism and dedication are commendable. I highly recommend Ross to anyone seeking expert legal assistance in intellectual property matters."
Kevin L
.
Los Angeles,
CA,
11 months ago
File Design Patent
"Wonderful job, very knowledgeable and helpful."
Andre A
.
Palo Alto,
CA,
about 1 year ago
Assist with Other Patent Matter
"It was an absolute pleasure working with Marina. She was communicative throughout the process, and she clearly explained all of the legal implications related to my situation. I felt like I was in good hands and I would definitely hire her again in the future."
Tyron J
.
San Francisco,
CA,
almost 2 years ago
Draft Response to USPTO Office Action (Patent)
"Highly skilled patent attorney. Works efficiently and effectively."
Rita M
.
San Diego,
CA,
over 2 years ago
Conduct Patent Search
"Mandana is highly knowledgeable, patient, succinct, and candid. It is a pleasure to work with her, and I would recommend her to anyone looking for a great IP lawyer. To her credit, in our first meeting itself, I and my co-founder walked away knowing what the entire process would comprise of and (most importantly) how much it would cost. This helped us plan our budgets, and prepare our write-ups. In the end, this led to a painless experience."
Sushant T
.
Sunnyvale,
CA,
over 2 years ago
Assist with Other Patent Matter
"Charles went above and beyond the legal issue and addressed associated concerns to help put me at ease. He responded quickly, was personable and thorough. Fantastic to deal with all around! Highly recommend."
Scott B
.
Somis,
CA,
over 2 years ago
Patent Search for Unpickable Lock
"so far nothing bad has happened since hiring him. So, I'll recommend him"
Jack -
.
Folsom,
CA,
over 2 years ago
Patent Infringement Consultation
"A+++"
Bojan P
.
Huntington Beach,
CA,
over 2 years ago
Assist with Other Patent Matter
"Very friendly and knowledgeable. Thanks Tim!"
Matt R
.
Granite Bay,
CA,
almost 3 years ago
File Design Patent
"Excellent service, prompt communication. Highly recommend."
Ivaylo D
.
San Francisco,
CA,
about 3 years ago
Patent Infringement Consultation
"Attorney Alton Hare has great experience in IP matters. I spoke to about 7 attorneys prior to speaking to him, these other attorneys did not meet my expectations. Attorney Hare was able to communicate quickly what he could deliver and the way it would be done. I am very pleased with his impeccable work and I will certainly work with him again."
Liliana T
.
Porter Ranch,
CA,
about 3 years ago
File Utility Patent
"Put simply, Mike was awesome. He was great about communicating with me and responding quickly. Furthermore, he did this as a way to work with me, not just for me. The experience of drafting and filing a non-provisional patent was very collaborative, with a lot of feedback freely flowing both ways to craft something of very high quality and satisfaction. He really put effort into understanding exactly what it was I was working on, what my vision was, and how to properly materialize and execute upon those things. All of this was especially impressive given the short period of time within which we had to work to meet the conversion deadline from the provisional, and Mike was great about making sure we kept on track. He was also very good about explaining the process, as well as all the procedures, requirements, pros/cons, strategies, and expectations involved, removing any uncertainties I had, educating me as much as possible. I would recommend Mike to anyone seeking legal services for their business. And while I can only personally vouch for his patent services, I'm sure he extends his work ethic, collaborativeness, and quality to whatever services he may offer."
Sam S
.
Los Altos,
CA,
about 3 years ago
Response to USPTO Office Action (Patent) Services
"Jeff did an outstanding job for me in his interview with the Patent Examiner on my case, getting him to see the mistake in his reasoning and convincing him to allow my claims. It’s no small feat to get someone to change his mind! Jeff was also happy to take the time to address all my considerable questions and concerns. I highly recommend him."
Marc H
.
West Hollywood,
CA,
over 3 years ago
Conduct Patent Search
"Aaron was very knowledgeable and took the time to explain in simple terms that I could understand. He was very creative and resourceful in helping me refine my patent idea. you can tell he loves his work and is very reasonably priced."
Minh D
.
Citrus Heights,
CA,
over 3 years ago