Computer-related inventions present challenges for the U.S. Patent system. There are a number of issues involved. For example, there is the issue of whether a computer-related invention incorporates an abstract idea, but that is saved for later articles. This article addresses preliminary issues of whether the computer-related invention falls within one of four permissible statutory […]
Should I infringe a Product which is Patent Pending?
Whether one may safely copy a product which is merely “patent pending” depends on a variety of circumstances. Preliminarily, a “patent pending” designation on a product indicates that a patent application has been filed for the product, but it has not yet issued into a patent. Normally, one cannot be sued for patent infringement for […]
Why are patent applications so slow and costly?
There is no one-size fits all for U.S. patent applications. There are options for both those who are well-financed and need broad patent protection, for those on a tight budget, and for those who just need to get something quickly filed before they deliver a presentation at a conference. Before discussing timeline and budget, a […]
Is there a way to search for provisional patents?
Generally, provisional patent applications are never officially published by the U.S. Patent Office and most other patent offices. However, their subsequent, corresponding non-provisional patent applications may be published. As such, a published non-provisional application or issued patent may make reference to a provisional application by title, assigned serial (government reference) number for the application, and […]
How to cite or showcase a provisional patent application?
When preparing their pitch decks for investors, venture capitalists, marketing and recruiting key players, Silicon Valley entrepreneurs and tech companies often ask: “How to cite or showcase a provisional patent application? “ Quick answer: Ideally “Patent Pending” on the pitch deck is good enough. The moment a provisional United States Patent Application is filed in […]
What is a Provisional Patent Application?
A U.S. provisional patent application is one that can sometimes be quickly and cheaply filed to obtain a filing date for an invention. Under today’s “first-to-file” system, the first of two competing independent inventors (e.g both invented similar products) to file a patent application and obtain a filing date prevails over the other inventor who […]