San Jose Patent Lawyers
Why Hire a Patent Lawyer?
Filing a patent is a long, complex process that requires strict attention to detail and expert technical knowledge. While the United States Patent and Trademark Office (USPTO) does not require an attorney to file a patent application on your behalf, it's still a good idea to hire one.
Hiring one of the best patent lawyers in San Jose ensures that your application is submitted correctly. It also means you have representation if a patent examiner requests more information before approving your application.
Keep in mind, though, that not every attorney can file a patent. Top patent attorneys have years of experience filing patents. In some cases, they were once patent examiners themselves, or they received special training or certification. They may have even gone to school for science, engineering, programming, or other technical specialties before going to law school.
Attorneys able to file provisional patent applications must be registered with the USPTO, which requires passing an exam. When you hire a qualified patent lawyer in San Jose, you can rest assured he or she offers the experience you need to get the job done.
Services Offered by Patent Lawyers in San Jose
The best patent attorneys in San Jose are highly sought after. They provide customized services to inventors and startups looking to protect their intellectual property.
Just a few of the services provided by your patent attorney are:
- Counseling: The right patent lawyer will discuss the patent application process with you. He or she will offer the best advice from the start, including ways to maximize your potential for success.
- Patent filing: The patent filing process can be a headache. You must know what type of patent you need, compare existing patents and applications for any similarities, and submit all documentation by specific deadlines. A good patent attorney will do all this, plus help you patent overseas, if necessary.
- Infringement litigation: One of the biggest fears that inventors face is being sued for patent infringement. Don't wait until you're faced with a lawsuit to hire a patent attorney. While your lawyer can represent your case, it's better if he or she can help avoid patent infringement altogether.
How to Find the Best Patent Lawyer in San Jose
Now that you know you need an experienced patent lawyer, it's time to find one. Fortunately, the San Jose area has plenty of attorneys to choose from.
Begin your search on websites like UpCounsel to gather a list of patent lawyers. You can read about each lawyer's experience and education, as well as obtain contact information. It's also important to find each patent lawyer on association websites, such as The State Bar of California, the Santa Clara County Bar Association, and the American Bar Association.
When you've got your list of potential lawyers, search for any complaints filed against each name. You can do this through each law association.
Before getting legal help in San Jose for your patent, make sure that:
- Your attorney will provide regular communication and updates so you know where your patent application stands.
- Your attorney will work directly on the documents or, if involving a paralegal or other lawyer, will supervise the process.
- You understand how the attorney or law firm charges for services. Charges can come in the forms of flat fees or hourly rates. Many lawyers also charge for each communication, whether it come in the form of a phone call, text message, or email.
- The lawyer has worked with similar clients and has successfully filed patents for them. Ask if you can see a confidential recommendation from a previous client. At the very least, read online reviews to see what the experience was like for others.
It's also important to consider your patent lawyer's location. If you've narrowed your list down to two or three great attorneys, go with the one closest to your home or office. You'll spend less time traveling to your legal appointments and more time focusing on your invention or business.
There's also a big difference in hiring a solo practitioner rather than an attorney from a big law firm. Solo attorneys or lawyers who operate from small offices don't have as much overhead. Large law firms bring the expertise you want, but they're also the most expensive.
Questions for a Patent Lawyer
- What percentage of your work is dedicated to patent applications?
- Have you ever worked as a patent examiner? Or do you have a technical background?
- Will I be interacting with you or someone else from your office?
- What is your preferred method of communication? Will you charge me every time I call or send an email?
- Have you worked on a patent application for a business similar to mine? If so, what was the outcome?
- How long have you practiced as a licensed patent attorney?
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Legal Services Offered by Our On-Demand San Jose Patent Attorneys
Our experienced San Jose 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 San Jose 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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What Is a Patent Number?
A patent number is an identifier assigned by a patent office and is used often in a patent search. The format depends on the issuing office, the type of patent, and when the patent was issued.
Patent numbers may contain a combination of several pieces of information:
- The year the patent was issued
- The number of the patent
- One or more kind codes, which provide more information about the patent
- In the United States, issued patents generally begin with "US." That is followed by the one-to-seven-digit patent number. The last part is a kind code. Each part is separated by a hyphen.
- A U.S. Design patent number starts with a "D" or the letters "Des."
- Some U.S. patent applications are published. A published patent application recei
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Intellectual Property Protection
Intellectual Property Protection. What entrepreneurs and business owners need to know about the basics of intellectual property law to protect their business IP.
Intellectual Property Protection Explained
Entrepreneurs and business owners need to understand the basics of intellectual property (IP) law to best protect their hard-earned creations and ideas from unfair competition. Intellectual property includes distinctive items that you have created and ones that give you an economic benefit.
Seek professional experience from an intellectual property attorney to help your company plan for success and avoid theft of ideas, designs, and other concepts. Since filing and refiling IP applications can get expensive and waste time if done incorrectly, determine what you need to protect when it comes to IP:
What is Intellectual Property for Software?
Intellectual property for software is computer code or software protected by law under either a copyright, trademark, trade secret, or software patent.
Why Intellectual Property for Software Is Important
Software innovation is valuable to individuals, start-ups, and businesses. The law is the best way to protect material such as software. To use the law as protection, programmers and businesses treat software as intellectual property.
When you treat your software as intellectual property, you have more control over who gets to use it and how it gets to the public. Otherwise, people might use it without permission, and you'll lose the chance to get paid when people use your software. In extreme cases, you might lose the right to use software you created.
What Is Intellectual Property?
- 15 min read
How Much Do Inventors Make?
The question "how much do inventors make" does not have one answer. A great invention at the perfect time can earn the inventor millions, a few good inventions can keep the inventor going for years, or inventing can be a money sink that never amounts to anything. However, there are several ways to profit from an invention you should know about.
Invent Smarter, Not Harder
If you want to invent something because you always wanted to do so or because you're passionate about the product, that's perfectly fine. However, you shouldn't expect to get rich just from following your heart. Inventing as a hobby can be great fun, but you'll need to put in a lot more effort if you want to make a profit.
- Curb your enthusiasm. The first thing to do when you try to make money off your inventions is to keep your expectations low. That way you can set realistic goals and the
- 17 min read
What Is Patent Litigation?
Patent litigation is a law process in which one party sues another over the unlawful use of a patent. A patent holder might sue a company or individual in federal district court for monetary damages and an injunction against the infringement. The patent holder must take legal action within six years of the infringing date.
Why Is Patent Litigation Important?
Patent litigation is important for protecting your patents from infringement or violation. Even if you own a patent, you're not necessarily protected from infringement. With patent litigation, you can take another party to court if you believe they've used your patent without licensing or approval. However, patent litigation costs time and money. In most cases, the plaintiff is a small business and the defendant is a large corporation. This makes it hard for the plaintiff to win the case.
If you're involved in patent litigation, the court can issu