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Ross B.

Ross Brandborg

499 reviews
Ross Brandborg is an attorney at law with more than 13 years of experience. He has been licensed to practice law in Minnesota and North Dakota. Ross is also a member of the North Dakota Patent Bar. He has a Juris Doctor degree in law, which he obtained after his graduation from the University of North Dakota. He specializes in trademark and copyright law, as well as in patents. Ross founded his own law firm, Brandborg Law, in 2017.
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Kanika R.

Kanika Radhakrishnan

442 reviews
Kanika is an experienced Patent Attorney and Managing Partner of Evergreen Valley Law Group in Silicon Valley, which serves innovative entrepreneurs with backgrounds in mechanical engineering, electrical engineering, and computer science. She has filed over 5,000 patent applications in the U.S. and worldwide with a successful track record of obtaining patents for clients.
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David Y.

David Yamaguchi

243 reviews
Startups and small businesses sometimes need someone who can deal with complex transactions on an international playing field. David Yamaguchi specializes in content hosting issues and intellectual property. He concentrates his practice in the United States, Asia, India, and Europe. Whether you are a business giant or a startup, Mr. Yamaguchi can provide legal advice that fits your needs.
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Eric A.

Eric Alspaugh

82 reviews
Intellectual property is a very unique area of the law the requires specialized attorneys who have additional training and education. For the complicated area of medicine and medical devices, the IP complexity often increases. Eric B. Alspaugh serves as medical device general counsel or patent counsel for several businesses, a qualification that very few attorneys can boast. His expertise is invaluable to these complicated business ventures.
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Thomas L.

Thomas Love

70 reviews
Holder of seven patents, Thomas Love has a work history spanning from a partnership in a major firm (specializing in international corporate finance) to working at a number of startups, including in software, global supply chain, and online education. Today, Mr. Love represents clients worldwide and has provided his services to non-profits in theater, women’s empowerment, medical education, and more.
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Ali S.

Ali Shalchi

68 reviews
Ali brings a diverse range of experience gained from practice at major law firms (e.g. Paul Hastings LLP) and as in-house counsel for a Fortune 500 tech company (Illumina I... read more
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Joel D.

Joel Douglas

38 reviews
U.S. Patent Agent & Serial Entrepreneur Professional Engineer in Connecticut, Florida, Texas Named Inventor on 105 Patents Built and Exited Multiple Million Dollar Comp... read more
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Mario M.

Mario Milano

36 reviews
Mario Milano is a highly accomplished and sought-after attorney specializing in intellectual property, business formation, and contracts. With an unwavering commitment to e... read more
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Samuel P.

Samuel Pierce

19 reviews
I earned an undergraduate degree from the Wharton School of the University of Pennsylvania and began my career as a financial analyst. I understand how investors look at va... read more
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Monica W.

Monica Winghart

6 reviews
Monica is the founder of Voltage Law and specializes in working with tech, SaaS, consumer products and healthcare industries. Throughout her career, Monica has held leaders... read more
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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 

Why use UpCounsel to hire a Fresno Patent Attorney?

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Legal Services Offered by Our On-Demand Fresno Patent Attorneys

Our experienced Fresno 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 Fresno 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.

If You Need Ongoing Legal Counsel or Ad-hoc Legal Work - We Can Help!

Improve Your Legal ROI with Affordable Patent Attorneys that service Fresno, CA.

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This is the most recent 20 reviews out of 566 reviews for Patents attorneys in California

Ali Shalchi
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Consults Services

Ali Shalchi

"Ali Shalchi was quick, professional, and very knowledgeable. Highly recommend."

.
West Hills, CA,

Ahmad El-Bkaily
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Consultation

Ahmad El-Bkaily

"It was great working with Ahmad! He was thorough in explaining details of my case and very communicative during the process."

.
Hacienda Heights, CA,

Richard Topolewski
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Legal Review of IP Agreement, NDA, and ISO Options Agreement/Execution for Pursuing Own Innovations in Similar Field

Richard Topolewski

"Rich was able to give me some very helpful, down-to-earth explanations an insight"

.
Hemet, CA,

Kanika Radhakrishnan
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Patent Matter

Kanika Radhakrishnan

"Did a great job on a provisional process patent filing. Very thoughtful and responsive to notes and questions."

.
Los Angeles, CA,

Richard Eldredge
1.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Draft Response to USPTO Office Action (Patent)

Richard Eldredge

"terrible"

.
Orange, CA,

Mario Milano
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Provisional Patent

Mario Milano

"Great to work with him. Will continue working with him in the future."

.
Cupertino, CA,

Ross Brandborg
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Infringement Consultation

Ross Brandborg

"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."

.
Los Angeles, CA,

Joel Douglas
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

File Design Patent

Joel Douglas

"Wonderful job, very knowledgeable and helpful."

.
Palo Alto, CA,

Marina Nazarbekian
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Patent Matter

Marina Nazarbekian

"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."

.
San Francisco, CA,

Jason Nolan
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Draft Response to USPTO Office Action (Patent)

Jason Nolan

"Highly skilled patent attorney. Works efficiently and effectively."

.
San Diego, CA,

Mandana Jafarinejad
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Conduct Patent Search

Mandana Jafarinejad

"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."

.
Sunnyvale, CA,

Charles Shull
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Patent Matter

Charles Shull

"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."

.
Somis, CA,

Alexis Saenz
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Search for Unpickable Lock

Alexis Saenz

"so far nothing bad has happened since hiring him. So, I'll recommend him"

.
Folsom, CA,

Matthew Compton
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Infringement Consultation

Matthew Compton

"A+++"

.
Huntington Beach, CA,

Tim Billick
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Patent Matter

Tim Billick

"Very friendly and knowledgeable. Thanks Tim!"

.
Granite Bay, CA,

Matthew Burr
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

File Design Patent

Matthew Burr

"Excellent service, prompt communication. Highly recommend."

.
San Francisco, CA,

Alton Hare
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Patent Infringement Consultation

Alton Hare

"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."

.
Porter Ranch, CA,

Michael Antone
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

File Utility Patent

Michael Antone

"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."

.
Los Altos, CA,

Jeffrey Aldridge
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Response to USPTO Office Action (Patent) Services

Jeffrey Aldridge

"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."

.
West Hollywood, CA,

Aaron Bernstein
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Conduct Patent Search

Aaron Bernstein

"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."

.
Citrus Heights, CA,

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