Chhabra Law Firm, PC

Silicon Valley. San Francisco. San Jose. Los Angeles.


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Patent Basics
Cease & Desist Letters


The Berkheimer Effect On Software Patents

Earlier in April and May the USPTO updated its Section 101 subject matter eligibility guidelines — also known as the Alice guidelines based on the recent federal court ruling of Berkheimer v. HP, Inc.  Based on the current Alice framework utilized by the USPTO, at the step 2B analysis, the examiner is supposed to make a determination that the claimed features or combination thereof is a well-understood, routine and conventional activity. In Berkheimer, the federal circuit held that ...

New USPTO Patent Grant Cover

Today we received a patent document (certificate) for one of our clients with a new cover. As it turns out, this is only the second time the cover sheet has been changed in the last 100 years — in honor of issuing 10 million patents. Releasing the cover, USPTO Director Andrei Iancu stated: “American ingenuity has been at the forefront of every major technological revolution of the past two centuries, from steam engines to flight, and from the biotechnology revolution to the ...

Ex Parte Quayle Action

 During prosecution of a patent application, an ex parte Quayle action or simply a Quayle office action arises from the matter of Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11; 453 O.G. 213 (Comm’r Pat. 1935), and is issued when the claims of a patent application are considered allowable on the merits, but minor formalities or objections prevent the application from being allowed to procure the patent.     A Quayle action ends prosecution on the merits, which means examination ...

What is the Process to Obtain a Patent?

The process to obtain  a utility patent can be confusing for non-lawyers. While not all aspects (like international filings, applications made special, expedited examination, etc.) are covered, this post attempts to simplify a rather complicated process. For patent protection in the US, an applicant can file a provisional utility patent application, a non-provisional utility patent application, or a design patent application. This post describes the process for utility applications. The ...


Sample Work

Our patent attorney has secured numerous inventions for our clients.
Any result the attorney or firm may have achieved on behalf of a client does not necessarily indicate similar results can be obtained for other clients.

Our trademark and patent attorney assists clients with utility (provisional/non-provisional) patent applications, international applications, trademarks, responding/ formulating cease and desist letters, and other litigation related matters. We can help you strategize your patent portfolio according to your business needs. The USPTO provides a flow chart of the over all process.
A provisional patent application is a temporary application filed with the USPTO expiring within 1 year. Provisional patent applications are not examined by the USPTO and are held in confidence. Prior to the expiration of the provisional patent application, you will need to file a non-provisional patent application to initiate the examination process.
A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings. A trademark must be used in commerce.
A non-provisional application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. A non-provisional application can claim priority from a filing date of a provisional application. The non-provisional application consists of a detailed description (patent specification), formal drawings, and claims together with official forms and correspondence relating to the application. It is important that the non-provisional application is crafted well as this document can eventually yield a patent.
A design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewellery, furniture, beverage containers and computer icons are examples of objects that are covered by design patents. It is important that you contact your patent attorney and inquire if a design patent can further secure your IP rights.
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