PATENT PRIOR ART

Posted by Michael Shimokaji | Jun 03, 2019 | 0 Comments

if the examiner can find all of your claimed invention features in prior patents, you will probably not be successful in convincing the examiner that your invention is not obvious

PREVENT STEALING OF PROVISIONAL IDEA

Posted by Michael Shimokaji | May 28, 2019 | 0 Comments

might be best to first file a provisional application before disclosing the invention to the manufacturer. But even if you do, the manufacturer can still steal the idea and you would not be able to sue for patent infringement with a provisional application

LIMIT OF DESIGN PATENT PROTECTION

Posted by Michael Shimokaji | May 15, 2019 | 0 Comments

Design infringement occurs when the allegedly infringing device is substantially the same as the design patent, when viewed by an ordinary observer. Unfortunately, the infringement test is not based on an amount of difference (e.g., slight).

ASSIGNMENT OF INVENTION TO EMPLOYER

Posted by Michael Shimokaji | May 09, 2019 | 0 Comments

you really think you will be inventing a product – even on your own time – that might “relate” to your employer's business, you might want to consider declining employment. Otherwise, you would likely be obligated to assign it to your employer – under your language and your employer's language.

SHOULD YOU NOT FILE PROVISIONAL?

Posted by Michael Shimokaji | May 05, 2019 | 0 Comments

Generally, filing a provisional is better than not filing anything – even if the provisional lacks information. In the above example, you could file a non-provisional within one year of filing provisional A, in additional to within one year of provisional A+B.

SIMULTANEOUS UTILITY AND DESIGN PATENTS

Posted by Michael Shimokaji | Mar 18, 2019 | 0 Comments

QUESTION: Should design and utility applications be submitted simultaneously? I have an invention that may support utility and design claims. Must I Pursue both patents simultaneously. Or can I apply at different times. ANSWER: If you eventually want to have design and utility patents on the sa...

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