Month: August 2014

The unfortunate truth is that the average pendency time for a patent application to issue into a patent over past few years is about 3 years. Also, this can depend on the type of invention such as a simple mechanical or a complex business method, with the latter typically taking the longest. However, the good news is that this pendency period can be dramatically reduced by incorporating the USPTO’s accelerated examination or “Track 1” procedures. As a patent attorney dallas I usually tell me clients about this option during our consultation. If the accelerated examination or Track 1 option is chosen, we generally receive a first office action within about 6 months from filing the patent application. The downside with the expedited examination is that we don’t get as my rounds with the Examiner on making amendments to the claims of the patent application. Generally, we will need to appease the Examiner after the first office action rejection in order to get an allowance on the patent application if we want it issued within a year. But the upside is that you can obtain a patent in a very short amount of time, particularly in technologies that rapidly change every year and it is important to obtain a patent as soon as possible. Here, every situation can be different and a balancing act. As a patent lawyer dallas I try to advise the best course of action for my clients that will provide the best protection for their inventions in the shortest amount of time. Contact me today for a free consultation for all your patent and trademark needs.

When shopping around for a patent attorneys or patent lawyers, it’s important to know what to look for or what to ask for. For example, I always tell prospective clients who call or come see me to go with a reputable patent lawyer or patent attorney in your area, such as a local Dallas patent attorney. The main reason being that you will be having a business relationship with your patent attorney and will be working with him or her over a period of time.  Therefore, it will be ill-advised to shop around for patent attorneys simply by what they quote you over the phone. Would you shop for your doctor the same way? You really need to meet with him or her to really know if you can develop a business relationship. In addition, you should read prior independent review for the patent attorney, such as on Avvo.com or Martindale-Hubbard. For example, Avvo® is the nationally recognized and leading website for reviewing lawyers in any specialty or practice area. As a patent attorney in Dallas, I am very honest and straightforward with my clients on my credentials, experience, and also the prospects of moving forward with their potential invention. Call me today as I would love to hear your idea and help you along the way.

One of the first things I discuss with inventors who want to get started on a patent application is the main differences between filing a provisional or non-provisional patent application.  These titles can be confusing, so for simplicity I like to refer to the provisional application as a “temporary” patent application and the non-provisional as a “regular” application.  As a practicing patent lawyer in Dallas, here are a few benefits and drawbacks that I discuss with some of my clients:

 Provisional (“Temporary”) Application:

Pros:

• Lower initial cost
• Can have informal drawings
• Does not need claims
• Buys you time to find investors/financials backing
• You get “Patent Pending” status
• Good option if you’re still working out all the details of your invention

Cons:

• Still needs to meet all legal requirements of a patent application (i.e. written description, enablement, best mode, etc.)
• It is not examined by a Patent Examiner
• Delays prosecution/examination of your patent application
• Only good for one-year, then you need to file a non-provisional application

 

Non-Provisional (“Regular”) Application:

Pros:

• The actual application that will be prosecuted/examined that may eventually issue into a Patent
• You get “Patent Pending” status
• Can file additional applications (i.e. Continuation’s) for variations of your invention based on the original application
• Can expedite examination (with extra USPTO fee) to a possible issued Patent within one-year
• Can look better for investors, means you are serious about your idea

Cons:

• Higher upfront cost
• Needs the most details of your invention

 

So there you have it. Every inventor’s situation is different and I try my best to provide them with a strategy in protecting their intellectual property in the most efficient and cost-effective way. You have many choices for patent lawyers in Dallas, give us a call here at the Law Office of Sam Sokhansanj and hopefully we can give provide with a sound strategy for protecting your intellectual property.

 

Short Answer: It can help.

Long Answer: Having a patent search conducted by a registered patent attorney can save you a lot of time and perhaps financial resources.  There are over 8,000,000 patents within the U.S. Patent Office (USPTO) records and there is a slight chance that there may be some variation (or the exact) of your invention within those patents and published patent applications. If you don’t see your invention on the shelves, on Google,  or Amazon.com, it does not mean that none else could have filed a patent for it.  Yes, thousands of filed or issued patents are never commercialized or have made it to market. Therefore, a proper and complete patent search by a patent lawyer will give you a good idea and broad prospective of “what’s out there”.  In addition, it can help you modify your invention and it’s various embodiments to perhaps overcome prior art patents, and consequently speed up your patent examination at the USPTO.  As a former USPTO patent examiner and patent searcher, I’ve conducted over 3,500 patent searches and have written rejections on over 3,000 filed patent applications by inventors like you. In addition, in my private practice, my patent searches have helped my clients to get an idea for the current state of their invention and a much stronger and enforceable issued patent.  I offer a flat-fee patent search and if your invention appears to have good merit for patent protection, then we apply credit for your patent search fees towards your new patent application.  Contact us today for a free consultation.