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One of the main comments I hear from potential and current clients new to the patent system is the urgency to just get a patent, any patent, and as soon as possible.  However, it's important for inventors to understand that obtaining a patent can be a balancing act and requires patience to ultimately to get a strong patent issued that is broad enough in scope but narrow enough to overcome the prior art and potential validity challenges, thereby substantially improving the actual value of the issued patent. On one hand, you need enough specificity in the claims of your patent application to help overcome other patents and prior art references, and on the other hand you can't be too specific so that potential or future competitors can easily work-around the claims of the patent. Hence, the balancing act is comprised of finding a middle ground to what the Examiner at the USPTO will find to be patentable and what the inventor is willing to give up as to the scope of their patent. According to some patent professionals reviewing USPTO patent issuance statistics, the odds of obtaining a patent is generally 70%*. Given those odds, an inventor's goals should not be to obtain just any patent, but one that is broad, strong, and enforceable, thereby ultimatly improving its valuation. As a former patent examiner and practicing Dallas patent attorney, I will be more than happy discuss your ideas and innovations and determine the best course of action for your intellectual property and patent needs.   *http://patentlyo.com/patent/2014/09/patents-issued-fiscal.html

I get questions about licensing from inventors all the time. Licensing your intellectual property (IP) or patent(s) can be a very viable and profitable option to those who do not want to go through the high cost and trial and error of manufacturing their product and selling it on their own or through distribution channels. In contrast to assigning or out right selling your patent(s) where you relinquish all rights to it, licensing allows an inventor to keep rights to his or her IP while allowing manufacturers and/or retailers to just license the technology. With this scenario, the inventor can license the IP to multiple licensees through non-exclusive licenses wherein the license agreement can be structured on the inventors terms, such as royalties based on sales, guaranteed royalties, upfront payments, etc. If you are looking for a patent attorney here in the Dallas area to help you with licensing your IP then please contact us to see how we can you maximize the true potential of your IP.

I get questions about licensing from inventors all the time. Licensing your intellectual property (IP) or patent(s) can be a very viable and profitable option to those who do not want to go through the high cost and trial and error of manufacturing their product and selling it on their own or through distribution channels. In contrast to assigning or out right selling your patent(s) where you relinquish all rights to it, licensing allows an inventor to keep rights to his or her IP while allowing manufacturers and/or retailers to just license the technology. With this scenario, the inventor can license the IP to multiple licensees through non-exclusive licenses wherein the license agreement can be structured on the inventors terms, such as royalties based on sales, guaranteed royalties, upfront payments, etc. If you are looking for a patent attorney here in the Dallas area to help you with licensing your IP then please contact us to see how we can you maximize the true potential of your IP.

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.

Choosing a patent attorney is a very important decision as you will be constantly working with him/her during the course of your patent filing and patent examination (patent prosecution). A lot of variables should be taken into account, but most importantly is the relationship and if you can see yourself working with him/her for a few years down the road.  A few important items that come to mind are:

• The patent attorney should have broad experience in working with various types of inventions and technologies. For example, I have worked on patent applications from simple consumer products to complex electrical and biomedical systems.
• The patent attorney should have independent reviews and references from current or former clients on their word product.  For example, I have independent reviews on Avvo.com
• The patent attorney should be able to accessible and communicate with you freely. For example, I give my clients my cell phone number and they can reach me at any time.
• The patent attorney should be local, such as a patent attorneys in Dallas, so that you can meet with him/her in person.

We offer a free consultation, please contact us today to see how we can help you with your patent and trademark needs. Sam is a local patent attorney here in Dallas and can meet in person at his Dallas office  or discuss your patent needs over the phone.