Key benefits of working with a USPTO licensed patent attorney for your patent filings:

1. Expertise in patent law and USPTO procedures
   Patent attorneys are legal experts certified to practice before the USPTO. They know exactly how to draft an application that meets USPTO requirements and can navigate the often complex examination process. They work with examiners to provide strategic claim amendments and arguments to overcome rejections, while helping you obtain the broadest scope of protection possible for your invention.
2. Avoiding missed deadlines and formality issues
   There are many important deadlines and formalities involved in the patent process, such as the one-year grace period for filing after certain disclosures, statutory foreign filing deadlines, and deadlines for submitting documents and responding to office actions. A patent attorney helps you get organized and provides guidance to ensure you don't miss any critical dates that could jeopardize your rights.
3. Safeguarding your intellectual property with proper agreements
   A patent attorney can prepare the various agreements needed to protect your IP, such as non-disclosure agreements, employment agreements, licensing agreements, joint development agreements, etc. This ensures your invention is properly safeguarded as you move through the patenting and commercialization process.
4. Ongoing protection and enforcement of your patent rights
   A patent attorney acts as your long-term business partner, continuously analyzing your patent portfolio, developing effective strategies, and helping you enforce your rights against infringers. They provide the support needed to defend your patent if it is ever challenged.
5. Access to scientific and technical knowledge
   In addition to legal expertise, patent attorneys have in-depth knowledge of science and technology that allows them to thoroughly understand your invention. This technical background helps them craft the strongest patent application and claims.

In summary, while it is possible to file a patent application on your own, working with a USPTO licensed patent attorney provides many advantages in terms of legal expertise, meeting deadlines, safeguarding IP, and long-term patent strategy and enforcement. An experienced patent attorney is an invaluable partner in protecting your invention and intellectual property rights.

Other listings of patent attorneys and patent agents.

Examination of your Trademark Application

Once you file your trademark application, an Examiner will review the application to look for compliance with trademark laws. The mark cannot be generic, descriptive, or a surname, and it cannot have a likelihood of confusion with another trademark that is in the Principal Register or Supplemental Register, either as an application or registration.

Once the mark overcomes these hurdles, the Examiner may require a restatement of the goods and services for clarity, and these are generally in line with the USPTO Goods and Services ID Manual.

The trademark application is then published for competitors to see, and potentially oppose (a mini-trial). If No opposition is filed, the trademark application proceeds to allowance, and will register once use is shown through a Statement of Use.

TrademarKraft - now providing low-price trademark applications!

TrademarKraft provides inexpensive, professional trademark filing in the US and worldwide, using the Madrid Protocol for foreign filings. Nyall Engfield, the lead trademark attorney, has over 10 years experience in filing and prosecuting trademarks in the US, Canada and abroad.

TrademarKraft performs trademark monitoring for a single low price per month. If you don't watch your trademark, and others start to use it, then you may have problems stopping them later on. Read more in "What is trademark monitoring and why do you need it". TrademarKraft can also provide you with a comprehensive clearance search for the US, so that you know the mark is not taken, or you can determine what hurdles you may face getting the mark to registration.

TrademarKraft Trademark Search and Analysis

Service Description: Ensure your brand's uniqueness and avoid costly legal disputes with TrademarKraft's comprehensive Trademark Search and Analysis service. Our experts conduct thorough searches across multiple trademark databases to identify potential conflicts and provide a detailed report on the findings. This service includes:

• Detailed Trademark Search: In-depth searches across the USPTO, WIPO, and other international databases.
• Risk Analysis: Evaluation of potential conflicts with existing trademarks.
• Recommendations: Professional advice on the likelihood of successful registration and potential modifications to improve chances.

Benefits:

• Reduce Legal Risks: Avoid the cost and hassle of trademark infringement disputes.
• Gain Insights: Understand the trademark landscape and your brand's position within it.
• Make Informed Decisions: Receive expert guidance to enhance your trademark application strategy.

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TrademarKraft Trademark Registration

Service Description: Secure your brand's identity with TrademarKraft's Trademark Registration service. Our team of experienced professionals will handle every aspect of the registration process, ensuring a smooth and efficient application. This service includes:

• Application Preparation: Accurate and comprehensive preparation of your trademark application.
• Filing with Trademark Office: Submission of your application to the appropriate trademark office (USPTO, WIPO, etc.).
• Application Monitoring: Continuous monitoring of your application status and updates on its progress.
• Response to Office Actions: Assistance with responding to any office actions or objections from the trademark office.

Benefits:

• Professional Expertise: Benefit from our deep knowledge and experience in trademark law.
• Peace of Mind: Rest easy knowing your application is in capable hands.
• Efficiency: Save time and avoid errors with our streamlined process.

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TrademarKraft Trademark Monitoring

Service Description: Protect your brand from infringement with TrademarKraft's Trademark Monitoring service. We continuously monitor trademark databases and alert you to any potentially infringing applications. This service includes:

• Ongoing Monitoring: Regular checks of trademark databases for new filings similar to your trademark.
• Infringement Alerts: Immediate notification of any potential conflicts.
• Expert Advice: Guidance on the best course of action if an infringement is detected.

Benefits:

• Proactive Protection: Catch potential infringements early before they become major issues.
• Maintain Brand Integrity: Ensure your brand remains unique and distinct.
• Legal Support: Receive expert advice on how to handle infringements.

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TrademarKraft Trademark Renewal

Service Description: Keep your trademark protection active with TrademarKraft's Trademark Renewal service. We manage the entire renewal process, ensuring your trademark rights remain intact. This service includes:

• Renewal Reminders: Timely notifications of upcoming renewal deadlines.
• Document Preparation: Accurate preparation of all required renewal documents.
• Filing and Confirmation: Submission of renewal applications and confirmation of acceptance.

Benefits:

• Avoid Lapses: Ensure your trademark protection never expires.
• Hassle-Free: Let us handle the paperwork and deadlines for you.
• Continued Protection: Maintain the exclusive rights to your trademark.

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TrademarKraft Trademark Enforcement

Service Description: Safeguard your brand's reputation with TrademarKraft's Trademark Enforcement service. We help you enforce your trademark rights and take action against unauthorized use. This service includes:

• Infringement Investigation: Thorough investigation of suspected trademark infringements.
• Legal Action Support: Assistance with cease-and-desist letters, negotiations, and litigation if necessary.
• Settlement Negotiation: Expert negotiation to reach favorable settlements.

Benefits:

• Protect Your Brand: Defend your trademark against unauthorized use.
• Legal Expertise: Leverage our legal knowledge and experience to enforce your rights.
• Effective Resolution: Resolve infringement issues efficiently and effectively.

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Choose TrademarKraft for comprehensive trademark services that protect and enhance your brand's value. Our team of experts is dedicated to providing personalized support and professional guidance every step of the way.

Patenting without disclosing the invention - Patent insurance for a trade-secret

America Invents Act - How do these recent US patent law amendments affect my business?

Recently, Congress and the Senate passed the America Invents Act,  the first major revision of the patent laws since 1952. The amendments can be confusing, and there is of course uncertainty, even after the amendments are put into practice, as with any new law. After a brief run-down of the changes that are taking place, see how the amendments will affect your business and patenting strategy.

Moving to a "First-to-File" system: The US has, for a long time, been a "First-to-Invent" which means that the first person to invent is the rightful owner. Where two inventors claimed to be the rightful inventor, this would lead to expensive and convoluted interference proceedings, like a mini-trial requiring evidence and a hearing to determine who the rightful inventor was. The rest of the world has been operating on a First-to-File system, which reduces uncertainty but results in a race to the patent office, as the first person to file is the rightful owner. This change brings the US in line with the other patent systems around the world.

Post-Grant Review Proceedings: In the past, US Patents have been difficult to challenge on grant, short of litigation. When the law takes effect in approximately 1 year opponents of a patent will have new means to challenge the issue through post-grant review proceedings.  Petitions for post-grant review must be filed within 9 months of the grant of a patent application, and can claim almost any ground of invalidity including prior disclosure or sale, indefiniteness of claims, and insufficiency of the specification. Review will be granted where the petition discloses unrebutted grounds where it is more likely than not that one or more claims is unpatentable.

Expanded Time Limits for Third-Party Submissions during Prosecution: Previously, submissions by third parties regarding the patentability of an application  would have to be made within the earlier of two months of the publication of an application or prior to mailing a notice of allowance. Now the submissions may be made before the earlier of the date the Notice of Allowance is sent, or six months after publication.

Supplemental Examination: The patent owner can request reexamination of his or her application after issue of the application, to consider relevant information and correct the patent if appropriate.

Suffice to say, the amendments bring the US patent regime more in line with the rest of the world, which simplifies an international patent filing strategy. The America Invents Act makes challenging unissued and issued patents easier, through expanding the time for filing prior art during prosecution, and challenging the patent after issue with Post-Grant Review. Supplemental Examination will allow patent owners to voluntarily narrow the scope of their patent after having encountered documents that can impeach the patent. Overall, there are no changes that affect the patentability of business methods.

If you have any questions or comments, please let me know. You can reach me at engfield.ca.

Start-up company value enhanced by patents - How patents add value and how to delay patenting costs

Often in creating a start-up company., particularly in technology, the owners are looking for an eventual buy-out by a larger company (Google, Facebook), and even if they are not, the company must have value in order to receive investment. Value is gained by a competitive advantage, and one of the most power competitive advantages is to exclude others from being able to reproduce your idea (at least not without royalties to you).

A family of patents covering the idea is the best approach to protecting your competitive space and adding value to the company. The patents can later be sold as part of the company, and often the lion's share of the value of a company is the intellectual property. Patents can also stand as collateral and guarantee for any investor, such as a VC or angel, who is providing funds. When a technology is no longer being pursued by the company, the patents can be licensed to provide a stream of revenue, or sold off to provide capital back to the company.

While a patent filing strategy can be expensive, with the right patent attorney the patenting costs can be delayed until the company is profitable or pending sale. The start-up will benefit from the value of the patents, without having to dispense limited funding at the outset.

Feel free to contact me for more information.

How to write patent claims. How to draft claims for a patent application

Claims drafting is as much art as science. There is a body of law that has built up over the past 300 or so years in which patents have been granted in North America, which dictates to some degree how claims must be drafted. Within that framework, however, there are many interpretations of how best to encapsulate an invention in words, and the ultimate arbiter of any patent claim is the Court.

As an overview, a claim is made up of three parts: the preamble, the transitional phase and the body. In discussing claims construction, let's use an example, perhaps the original velocipede patented by Pierre Lallement:

The velocipede consists of a frame having a pivoting fork, two wheels, of which the front wheel pivots within the fork and has pedals, a seat and a handlebar also attached to the pivoting fork. So an example claim might read:

A two-wheeled velocipede for transportation (preamble), comprising (transition):
a frame for receiving a rear wheel, the frame having a seat mounted thereon;
a fork pivotally mounted within said frame, having a handlebar extending from its top, the fork for receiving a front wheel;
a rear wheel rotatably mounted within said frame;
a front wheel rotatably mounted within said fork, the front wheel having two pedals mounted opposite to one another
wherein the pedals are pushed to provide motive force to the front wheel, and the handlebars may be turned so that the front wheel pivots (body).

The preamble describes the invention using normal words (as velocipede was back in the day), and the transition set up the components. The word "comprising" means minimally including, so that more elements may be present than are listed here. If a list of components is exhaustive, in that any more components would prevent the invention from working, for example, As you can see, the bulk of the claim is the body which describes components, describes how they fit together, and then usually a "wherein" clause describes how the invention operates. In choosing the components to describe, what you are looking for is the minimal elements that are required to make the invention perform. Anything bonus or not strictly necessary should be left out

The entire claim language must correspond with the language used for the same components in the description. Also, elements must be introduced by an indefinite article ("a"), and thereafter referred to by a definite article ("the"). Punctuation is important - the claim is one big sentence separated by semicolons or commas; a period only appears at the end.