FAQ

Shimokaji IP

Jun 22, 2020

BEWARE OF A DISADVANTAGE AND TRAP WHEN FILING A PROVISIONAL PATENT APPLICATION

Some of the advantages of filing a provisional patent application are lower cost and faster time to file.

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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

Jun 15, 2020

HOW SIMILAR OR IDENTICAL MUST TWO THINGS BE FOR PATENT INFRINGEMENT?

Patent infringement is determined by comparing the patented "claims" against the product that might be infringing.

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Shimokaji IP

May 22, 2020

SOFTWARE PATENT MUST PROVIDE ENOUGH DETAIL TO ENABLE ANOTHER TO MAKE AND USE THE INVENTION

the patent "specification shall contain a written description of the invention . . . in full, clear, and concise, and exact terms"

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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

WHY YOU NEED A FREEDOM TO OPERATE SEARCH & OPINION (FTO)

Inventors often focus on the question of: can I get a patent? What is often ignored is: does my invention infringe another's patent?

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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

ARE MEDICAL OR THERAPEUTIC TREATMENTS PATENTABLE IN EUROPE?

A treatment method that is patentable in the US may not be patentable in Europe. In fact, European patent laws (as opposed to court...

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Shimokaji IP

Apr 18, 2020

HOW MUCH CLINICAL DATA IS NEEDED IN A PATENT?

The problem of lack of clinical data to support the scope of patent claims in Europe is a similar problem in the US. Generally, broader...

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Shimokaji IP

Apr 18, 2020

WHAT SHOULD I DO WHEN MY ONE YEAR IS EXPIRING ON MY PROVISIONAL PATENT APPLICATION?

QUESTION: I filed a provisional application almost one year ago, so it will soon be expiring. I'm not sure what are the next steps for my...

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Shimokaji IP

Apr 18, 2020

CAN I USE A TRADEMARK WHOSE REGISTRATION HAS BEEN CANCELLED OR EXPIRED?

QUESTION: What happens when a trademark is canceled due to default but owner still uses and protects it? There is a registered trademark...

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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 PROTECT MY FICTITIOUS BUSINESS NAME (DBA)?

QUESTION: How can I protect my DBA? I have a LLC registered, lets say under name XYZ, and I have a DBA, lets say ABC. I want to trademark...

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Shimokaji IP

Apr 18, 2020

IS IT SAFE TO DISCUSS MY INVENTION WITH A MANUFACTURER BEFORE I FILE A PATENT APPLICATION?

QUESTION: Is it safe to contact a manufacturer with just a provisional patent? I have a provisional patent instead of a non-provisional...

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Shimokaji IP

Apr 18, 2020

CAN I PROTECT MY PRODUCT BY DESIGN PATENT OR COPYRIGHT OR BOTH?

One may have a product with a unique or unusual look. A question may arise as to whether the product may be protected by a design patent...

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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

WHAT SHOULD I DO WHEN I RECEIVE A CEASE AND DESIST LETTER FOR PATENT INFRINGEMENT?

QUESTION: I make metal art and metal stencils for wood working and other art. I recently had a company that claimed I am in violation of...

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Shimokaji IP

Apr 18, 2020

CAN I DISSOLVE AN LLC AND THEN TRADEMARK THE BUSINESS NAME?

QUESTION: Can I dissolve and LLC and then trademark the business name? My partner and I are dissolving our business/LLC by end of year....

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