Our firm is led by San Francisco Bay Area’s highly rated trademark & patent lawyer. The firm represents clients with provisional, utility, and design patents, as well as cease & desist letters, copyright, and litigation related matters.
Most software patent applications, during examination, will receive an initial 35 U.S.C. § 101 abstract rejection based on Alice. Depending on which art unit the application is assigned to, overcoming the rejection can be easy or can quickly become a nightmare. Software applications that are classified as “business methods,” that is, a way...
The simple answer is, not all ideas are patent-eligible. 35 USC Section 101 states,”[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent … .” Thus, to procure a patent, an idea should fall into one of...
Procuring software based intellectual property rights have become a complicated task in a post-Alice world. In 2014, for the first time, the U.S. Supreme Court invalidated software patents in the matter of Alice Corporation Pty. Ltd. v. CLS Bank International (June 19, 2014) (or simply Alice). This case has resulted in a fair amount of...
The fee schedule is provided below. The last time the USPTO issued a fee hike was in March 2013 when the America Invents Act became authoritative. According to the USPTO, “[t]he fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of patent operations …...
Our patent attorney has secured numerous inventions for our clients. Here are a few samples of our representative work.
Learn more about provisional (temporary) applications and non-provisional applications. We can guide you with the type of application that best suits your needs.While any application filing gives you the right to claim “patent pending,” a provisional application filing, by itself, does not grant you any rights, but only reserves the filing date of your invention. Please note, there is no such thing as a “provisional patent.”
Design applications are often ignored by applicants (and their patent attorneys) when the invention includes a functionality (that is, a utility).
Whether it is a software based design or a physical/ tangible product, this application can protect how the invention physically looks,
regardless of the underlying functionality (or utility) of the invention.
We can advise you on how to take advantage of design applications.
A design patent is a form of legal protection granted to the ornamental design of a functional item. Ornamental designs of jewellery, furniture, beverage containers and computer icons are examples of objects that are covered by design patents.
And while it may not make sense to file a design application in each case, however, to maximize the true potential of ones invention, filing both a design and utility application simultaneously should be considered. In fact such filings often, when possible, complement each other. At other times filing one application (e.g., design) first may be advisable to create a comprehensive strategy for the timing to file the second application (e.g., utility). Whether it is a software based design or a physical/ tangible product, design applications can protect how the invention physically looks, regardless of the underlying functionality (or utility) of the invention. Therefore, design applications can be helpful in inventions where there can be a number of ways to implement the functionality of the invention. Consult with your patent attorney to learn more.
A trademark protects your brand and logo. Don't let infringers misrepresent your brand and quality. While many people consider filing a trademark application without an attorney, such an approach can be problematic, especially when its time to enforce your rights. A non-obvious minor mistake (like selecting the wrong class, not selecting multiple classes, or using an incorrect phrase) is all it takes to lose your rights. Therefore, it may not be advisable to pursue a trademark without an attorney.
A trademark provides protection of a word, insignia, logo, or sound, collectively referred here as a “Mark” that identifies your business, product, or service.
Trademark protection is only available when the mark is actually used and the United States Trademark Office requires proof of “use in commerce,” before a trademark rights can be granted by a registration.
What constitutes use in commerce?
15 U.S. Code § 1127 defines “use in commerce” as “the bona-fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” Ordinary course of trade requires two conditions:
1. The goods or services must be made available for sale and 2. The goods or services need to be sold, transported, or rendered in commerce.
Also, the mark over which protection is sought needs to be clearly identified or associated with the product or service. Generally speaking, offering a good or service for sale on the internet suffices the “use in commerce” requirement as long as the website address where the goods or service are being sold is identified and proof that the good or service is being offered for sale is provided via the website. A bona-fide use of the mark has a requirement that the Applicant acts in good faith. Sham transactions, that is a transaction made just to create a use in commerce, for example, selling goods to a friend or acquaintance who has no intention of using the product, are not allowed and will result in revocation of any rights granted.
Enforce or Defend your intellectual property rights. If you received a cease and desist, our trademark and patent attorney can craft an appropriate response.
Such a letter any communication that:
1. alleges you are infringing on another’s intellectual property rights, and 2. demands that you stop selling your product or service based on that right. Upon receiving such cease desist letter, you should: 1. Start gathering all documents related to the product or service at issue, 2. It is advisable that you do not directly communicate with the sender of the letter, and 3. Schedule a consultation with an attorney as soon as possible.