FAQ

Shimokaji IP

Aug 25, 2022

INCREASING THE POTENTIAL PATENTABILITY OF A COMPUTERIZED METHOD OF ANALYZING DATA

Obtaining patent protection for using a computer to gather and analyze data continues to be a challenge - but not impossible. A recent...

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Shimokaji IP

Jul 29, 2022

CAN YOU PATENT A DIAGNOSTIC TEST?

Yes, but it remains challenging. The patent laws provide that any new and useful process can be patented. However, laws of nature,...

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Shimokaji IP

Jan 21, 2021

US PATENT & TRADEMARK OFFICE (USPTO) CRITICIZES CHINA PATENT & TRADEMARK FILINGS

The USPTO recently criticized the manner in which the number of patent and trademark filings in China is influenced by the Chinese...

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Shimokaji IP

Jan 7, 2021

CAN YOU PATENT YOUR NEW SOCIAL NETWORK?

New social networks continue to be created each day. But can you protect your new social network with a patent and prevent it from being...

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Shimokaji IP

Nov 3, 2020

WHO OWNS THE PATENT WHICH YOU INVENTED?

There can be multiple inventors on a patent. But who owns the patent can be difficult to answer in the absence of an agreement.

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Shimokaji IP

Oct 22, 2020

DO YOU QUALIFY AS AN INVENTOR OF A PATENT?

Who is listed as an inventor on your patent can affect its validity. An incorrectly named inventor may make your patent invalid.

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Shimokaji IP

Jul 26, 2020

HOW BROAD (OR VAGUE) SHOULD I MAKE MY PATENT APPLICATION?

A broadly written patent application can give the patent owner broad patent protection.

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Shimokaji IP

Jun 29, 2020

DOES YOUR INVENTION GO BEYOND COMMON SENSE TO MAKE IT PATENTABLE?

A challenge that most patent applicants face is whether their invention is obvious or non-obvious.

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Shimokaji IP

Jun 17, 2020

HOW DIFFICULT OR EASY IS IT TO PATENT SOFTWARE INVENTIONS?

In the past several years, it has no doubt become challenging to patent software inventions. However, it is still possible to obtain patents

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Shimokaji IP

May 22, 2020

PREAMBLE IN A PATENT CLAIM MAY NOT ADEQUATELY DISTINGUISH YOUR INVENTION FROM THE PRIOR ART

The Federal Circuit explained that "'as a general rule preamble language is not treated as limiting.'"

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Shimokaji IP

May 20, 2020

IS FILING A PROVISIONAL PATENT BETTER OR WORSE THAN FILING A NON-PROVISIONAL (FULL) PATENT?

A provisional patent application is not necessarily better or worse than a non-provisional (utility) patent application in all situations.

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Shimokaji IP

May 7, 2020

WHAT IS A PATENT SEARCH OR PRIOR ART SEARCH?

The terms "patent search" and "prior art search" are often used interchangeably.

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Shimokaji IP

May 7, 2020

DO I NEED A PATENT?

Yes, if you want to protect he unique way your product looks or the unique way your product (or service) functions.

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Shimokaji IP

Apr 18, 2020

DOES YOUR PATENT ENABLE ANOTHER TO MAKE AND USE YOUR INVENTION?

It must, in order to satisfy the patent laws that require that the patent specification teach those in the art how to “make and use the...

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Shimokaji IP

Apr 18, 2020

HOW CAN I GET A PATENT QUICKLY TO PROTECT MY IDEA?

A distinction needs to be made between quickly obtaining an issued patent versus quickly filing a patent application. The kind of...

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Shimokaji IP

Apr 18, 2020

DO I NEED TO FILE A PATENT BEFORE SELLING MY PRODUCT?

QUESTION: I have made a prototype and ready to sell my product. I already have some buyers who want my product. Do I have to get a patent...

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Shimokaji IP

Apr 18, 2020

CAN I REFILE AN EXPIRED PATENT?

QUESTION: If a patent is no longer active due to failure to pay maintenance fees in 2011, may another person re-file as their own? Want...

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