Patent

Patent Searches

Inventors should have a patent attorney conduct a comprehensive patent search before submitting a patent application with the United States Patent and Trademark Office. Patent examiners consider not only registered and pending patent applications as potential barriers to your hopeful patent. Whether something is deserving of patent protection requires an understanding of what is patentable subject matter and what is not already subject to patent protection. Prior art is a fancy way of saying something similar or identical to your proposed invention is already in existence. For x,y,z reason, you are not able to obtain patent protection of your proposed invention. Searches should include patents issued in the United States and abroad. Printed publications can even be barriers to the patentability of your proposed invention.

Inventors should not assume that their invention has not been patented even if you could not find evidence of the proposed invention being publicly disclosed. If you want to discuss the patentability of a proposed invention, feel free to contact our Registered Patent Attorney Ruben Alcoba for a virtual or in person consultation. He will be able to prepare a quote related to the service requested.

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Patent Application Filing

The type of patent application you will want to file will have different requirements. Understanding the difference between a provisional patent application and a nonprovisional application will allow you to decide which application should be filed by the inventors or owners of the proposed invention. There are three types of patents: utility patents, design patents, and plant patents. Claim drafting is the most important aspect of your patent application for the claims lay out what the patent covers and does not cover. The claim is what will define what you are exclusively allowed to commercialize and develop if in fact you are issued and granted a patent. If you are interested in filing a patent application, feel free to contact our Registered Patent Attorney Ruben Alcoba for a virtual or in person consultation. He will be able to prepare a quote related to the service requested.

Patent Change of Ownership

Patent Change of Ownership

Things happen after the filing of a patent application. Perhaps you sold the invention to a third party, or you now want to transfer the patent application or registered patent to a trust for estate planning purposes, or maybe the inventor is now deceased and the application and or registered patent needs to be transferred to the deceased inventor’s heirs and or beneficiaries. A patent application and or registered patent does not disappear or transfer automatically. Formal steps need to be taken to recognize changes in ownership. Patent assignments are regularly prepared to memorialize the transfer of a patent application or registered patent to another. If you are interested in assigning your patent applications or registered patents, feel free to contact our Registered Patent Attorney Ruben Alcoba for a virtual or in person consultation to discuss how best to memorialize and effectuate the patent transfer and obtain a quote related to the service requested.

Patent Maintenance

Not all patents require the filing and payment of maintenance fees. Utility and reissue utility patents filed on or after December 12, 1980 require the payment of maintenance fees. Maintenance fees are required at 3.5 years, 7.5 years, and at 11.5 years following your patent registration date. If you need assistance preparing the patent maintenance documents and submitting the required maintenance fee, feel free to contact our Registered Patent Attorney Ruben Alcoba. He will be able to prepare a quote related to the patent maintenance service requested.

Patent Office Actions

Patent office actions are issued after a patent application is filed. Not every submitted patent application receives an office action, but it is important to recognize that patent office actions regularly issue and must be addressed within a specific period. Your assigned patent examiner may have raised objections requiring the preparation of legal arguments to overcome the refusal objecting to one, some, or all of your claims. An assigned patent examiner could have raised objections regarding the specifications prepared and submitted with your patent application. An assigned patent examiner may even raise objections to the drawings submitted in support of your patent application. Office actions range in complexity, but no matter the type of office action received, the deadline to respond is strictly enforced. If you need assistance preparing a response to an office action, please contact our Registered Patent Attorney Ruben Alcoba to receive a quote related to the preparation of a response.

Patent Searches

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Juliet Alcoba | trademark attorney

Patent Cooperation Treaty Filings

If you are inventor that has filed or are thinking about filing a United States Patent Application and are interested in obtaining patent protection internationally, you should consider filing a PCT patent application. PCT stands for Patent Cooperation Treaty, and is a way an inventor can simultaneously seek protection for their invention in a large number of countries. The bottom line is that a PCT patent helps you protect your invention overseas. Alcoba Law works with patent attorneys and agents around the world. Our team is able to facilitate your patent protection and enforcement domestically and abroad. If you need assistance preparing a PCT patent application, please contact our Registered Patent Attorney Ruben Alcoba. He is available for in-person or remote consultations.

Patent Freedom to Operate Letters

If you are concerned someone will object to the manufacture of your invention or the selling of your proposed invention, you are able to have a patent attorney prepare and offer a written legal opinion breaking down the consequences of your engaging in the activity. Inventors and patent owners take these preventative measures and have patent freedom to operate letters prepared when they are trying to get investors, avoid waste associated with the production of an infringing product line, and most importantly, to avoid having to defend or bring a lawsuit. Legitimate claims of patent infringement can be avoided by having an experienced patent attorney review registered and pending patents, among other things. If you are interested in a Patent Freedom to Operate Letter, please contact our Registered Patent Attorney Ruben Alcoba. He is available for in-person or remote consultations.

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If you’re looking to register a trademark, it’s important to work with a qualified trademark attorney to ensure that your trademark is registered correctly.