Fargo Office

Murrieta Office

PATENT SERVICES

PATENT SERVICES

PATENT APPLICATIONS AND PROSECUTIONS

 

A patent law firm that focuses on intellectual property including patent applications, patent searches, provisionals, non provisionals, and more. 

Patent Law is complex and can be extremely hard to navigate alone. Fargo Patent & Business Law, PLLC will walk you through step by step during the entire process. We are here to answer all of your questions. 

Deciding whether to get a patent starts with understanding why you are considering applying for a patent. Ideas can be protected and this is why patents are so important for intellectual property. Most people choose to patent their invention for profit, recognition, and protection.

Patent Office Action Response

Fargo Patent & Business Law can assist you in responding to rejections or correspondence from the USPTO.

Preliminary Patentability Search
  • Is a search to determine whether something is even patentable. Prior art searches are conducted to make this decision.The goal is to provide a relative certainty (80%) as to if something is patentable
  • Prior art searching is at the core of determining whether or not your idea is patentable. Your invention must be novel and not obvious.
Design Patent
  • A design Patent legal protection for the way an article (item) looks.
  • You must apply and be granted a design patent if the product has a distinct configuration, surface, etc.
Provisional
  • Provisional Applications help establish your rights.
  • Provisional patent applications can be a good first step in commercializing an idea.
  • To read more about Provisional Applications, click here.
IP Provisional
  • Knowing when and how to file IP Provisional Patents are essential to protecting your intellectual property. There are many types of patent applications out there and all are complicated.  
  • Fargo Patent & Business Law are experts when it comes to protecting your intellectual property. Get in touch with us today so we can assist you through the entire process.
Patent Demand/ Warning Letter
  • These are sent out to notify someone that they are potentially infringing on a certain patent right.  Letters sent during a patent pending stage must be drafted more delicately than letters sent after a patent is granted. 
  • If you receive or need to send out a Patent Demand/ Warning Letter, Fargo Patent & Business Law will assist you with the next steps.
Freedom to Operate Searches
  • These searches help to determine if a product is likely infringing on a patent. Fargo Patent & Business Law is here to help you navigate that entire search process.
Petitions with the USPTO
  • After you submit your patent, the US Patent Office may ask questions about and raise objections regarding your application. Fargo Patent & Business Law will assist you in navigating these objections and help you with responding to the Patent Office. 
  • Whether you receive a non-final rejection or a final rejection, we will help you with the next step. Depending on which response you receive, it will require different steps if you wish to continue to proceed with the patent application process.

Learn more about the patent process here.

Non-Provisional
  • Applications that achieve a patent
  • A Non-Provisional patent is what most people consider a patent application.  Fargo Patent & Business Law, PLLC can file both Utility Applications and Design Applications.  
  • Utility patents protect the way an article is used or works (Process, Machine, Manufacture, or Composition of Nature).  
  • A Design Patent protects the way an article looks.

PATENT QUESTIONS

QUESTIONS FROM  INTELLECTUAL PROPERTY OWNERS

 

What is a Patent?

A patent is the right to exclude all others in your jurisdiction (i.e. the United States) from making, using, or selling a particular process, machine, manufacture, or composition of matter. What this means is that a patent gives you the right to essentially have a monopoly regarding a certain idea. When it comes to positioning a business in the marketplace, it is important to differentiate yourself from your competition. A patent is effectively a legal differentiation from your competition.

Why should I get a Patent?

Deciding whether to get a patent starts with understanding why you are considering applying for a patent. First you should determine if there is value in filing a patent application. The business plan behind a patent is what makes a patent valuable, not patent rights in themselves. Business plans can vary tremendously, before immediately filing a provisional patent application or a nonprovisional patent application, an inventor should first consider how the patent application fits into their business plan. Further, a patent attorney may be able to draft a patent application that best suits the needs of an inventor if the inventor clearly understands the entrepreneur’s goals.

When should I get a Patent?

Once you have decided why you should hired an intellectual property attorney to file a patent application, an inventor must consider when they need to file a provisional or a nonprovisional patent. If an entrepreneur fails to file a patent application in a timely manner, certain intellectual property rights may be permanently lost. If an inventor discloses the invention publicly, the inventor must file a patent application within one year. Failure to do so, means you lose your rights. The United States has a First-to-File system for determining priority. What this means is that the first person who files has the right to be granted a patent. If you believe someone else may file the idea before you, a patent application should be filed. If the idea isn’t fully developed, an inventor can start with a provisional patent.

How do I get a Patent?

Patent law firms typically start the patenting process with a patent search. The patent search helps provide guidance as to if an idea is patentable. From there a provisional patent is filed. A provisional provides one year of patent pending status and allows for the inventor to file a nonprovisiona patent within that time period. A patent lawyer can file a nonprovisional patent application which claims priority to all pending provisional applications and will help draft patent claims that properly assert intellectual property rights regarding the desired invention. The patent application process often takes 3-4 years when an inventor starts with a provisional.