Patent Application Types

There are three types or “categories” of patents: plant, design and utility. Plant Patent Application A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, with some exceptions. The grant, which lasts for 20 years from the date of filing the application, … [Read more…]

FAQs part 2

What is a “Small Entity”? A small entity includes individuals filing for a patent application and organizations that include less than 500 employees. Generally, small entities can qualify for reduced fees in patent filings. What is a “Micro Entity”? See my blog post to see if you qualify as a micro entity. Why do you require an … [Read more…]


How much do your services cost? You can find my entire fee schedule under services. I strive to make sure that my pricing is completely transparent and the same for all of my clients. You can be sure that you aren’t being charged more simply because I believe that you could pay more, which is what … [Read more…]

Patent Process

A patent is a limited grant of a property right to the inventor(s) for the subject matter claimed and is issued by the United States Patent and Trademark Office (PTO). U.S. patent grants are effective only within areas subject to the jurisdiction of the United States. Generally, the term of a new patent is 20 … [Read more…]

Should you do a patentability search?

One of the first decisions that clients are faced with in the patent process is whether they should have a patentability search done. It makes sense, after all why not learn what prior art we will be confronted with before beginning the patent process. Unfortunately, the decision is not that straightforward. Here is some information … [Read more…]

Provisional or Non-provisional?

First, a few definitions. A provisional application (note, there is no such thing as a “provisional patent” only a “provisional application”) is an application that expires after one year. It is not examined, cannot issue as a patent and cannot be enforced against anyone. A provisional application does serve to obtain a filing date for … [Read more…]

Do you qualify as a microentity?

Beginning on March 16, 2013, the USPTO will start offering discounted fees to micro entities. A micro-entity is entitled to receive a 75% discount on USPTO fees.  This is a significant discount and is only 50% of the fees required of a small entity. The USPTO does not make this determination for you and will accept … [Read more…]

Injecting common sense into obviousness

On February 15, 2013, the Court of Appeals for the Federal Circuit (CAFC) issued a decision in the case of In re Eric Jasinski (CAFC 2013) which reintroduces a little common sense into the patent process.  In the case, an Examiner issued a rejection.  The applicant appealed to the Board of Patent Appeals and Interferences (Board) which … [Read more…]

First to file is coming

Under the America Invents Act, the USPTO is changing from a first to invent regimen to a first to file regimen effective March 16, 2013.  So what does that really mean?  In most cases, it will not mean anything.  I.e., in the vast majority of cases, this will not have any effect.  This is because … [Read more…]