How the USPTO knows when you created an invention?

Few things are more exciting than coming up with an idea, reduce it to a prototype, and beginning to sell it.

There is also nothing worse than having your invention stolen, ripped off, and claimed as being invented by someone else.

First to Invent

Being the first to invent something is exciting. Few things are more exciting than coming up with an idea, reduce it to a prototype, and beginning to sell it. There is also nothing worse than having your invention stolen, ripped off, and claimed as being invented by someone else.

Priority Date

To establish who invented something first, the government sets priority dates. The United States Patent and Trademark Office (USPTO) assigns a priority date to your invention the day you file your patent application. The priority date represents the day that the USPTO defines as the day you created your invention. Once your priority date is set, anyone who comes along after you with the same or similar invention runs into your patent.

Setting the date

When do you want to set your priority date? As early as possible. Typically startups and small businesses will go through a few iterations for an invention before landing on the final product. Once you have defined your product and can fully explain the details of your invention and before you begin showing prototype/product to others, you should contact a patent attorney. The patent attorney can help you prepare and file a patent application to set your priority date.

Patent Pending

Once you set the priority date, you are free to mark your invention as patent pending and begin pitching to investors or selling your product. Also, keep in mind that once you show your invention to the public or start selling it, you have a year from that day that you have to file your patent application or you lose your ability to file that patent application for good.

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Flat Fee Pricing - Straightforward for Patents and Trademarks

Provisional Patent Application

$1700

Non-Provisional Patent  Application

$5500

Trademark Application

$750

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What are the steps to get a patent?

What are the steps to getting a patent?

Going through the steps of getting a patent for the first time can feel a bit like exploring a jungle, you don't want to get lost.

A patent attorney for small businesses and start-ups.

Devin Miller (IP Attorney)

Electrical Engineer

Lawyer

Small business owner

The steps to getting a patent.

To get a patent, you will need to prepare a patent application and have it examined by the United States Patent and Trademark Office (USPTO). During examination, you may need to clarify with a patent examiner how your application is different and work with the examiner to reach an agreement regarding what your patent covers. If an agreement can be reached, the USPTO will grant your patent.

Initial meeting with a patent attorney

Once you have come up with your invention and understand it well enough to explain it to another person, it is time to meet with a patent attorney. When you meet with a patent attorney, the attorney will sit down with you and have you walk him/her through your invention and how it works. Once the patent attorney understands the invention, he/she will get to work preparing your patent application.

Free meeting with a patent attorney.
Preparing a patent attorney.

Preparing a patent application 

To prepare the patent application, the patent attorney will have formal drawings done illustrating your invention. The patent attorney will also prepare a draft of the patent application that describes in full your invention and several variations of your invention. Once the draft is prepared, the patent attorney will work with you to make any clarification or changes needed to make sure your invention is fully described.

Submitting your patent application

Once your patent application has been prepared and any necessary revisions made, the patent attorney will submit your patent application to the USPTO for examination. Because of a backlog at the USPTO it can take anywhere from 18 months to 3 years before an examiner at the USPTO will examine your patent application.

Filing a patent application.
Examining a patent application.

Patent Application Examination

When the patent examiner examines your patents, he/she will determine whether it meets the standards of novelty and non-obviousness. If the examiner believes the patent application meets these standards, he/she will grant your patent. If the examiner does not believe the patent application is novel or non-obvious, the examiner will issue a rejection (known as an office action).

Dealing with Rejection

If your patent application is rejected, your patent attorney will prepare a response to the rejection arguing why your invention is different. The patent attorney may also change the claims of your patent to clarify how your patent application is different. The examiner and the patent attorney may go through one or several rounds of arguments before an agreement may be reached. 

Dealing with a rejection of a patent application.
Overcoming a rejection of a patent application.

Disagreement

If an agreement cannot be reached with the examiner, you may appeal the patent examiner's decision by escalating the case to have other examiners review the patent application. Alternatively, you may decide to no longer pursue the patent application, which is called abandonment.

Agreement

If an agreement can be reached with the examiner, the examiner will allow your patent and issue a notice of allowance. When the notice of allowance is issued, you pay a fee and are then the proud owner of a patent application. To maintain your patent for its full life, you will periodically have to pay maintenance fees to the USPTO.

Getting a notice of allowance for a patent application.

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Flat Fee Pricing - Straightforward for Patents and Trademarks

Provisional Patent Application

$1700

Non-Provisional Patent Application

$5500

Trademark Application

$750

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What is a Create-It-Yourself (CIY) patent?

What is a Create-It-Yourself (CIY) patent as opposed to a Do-It-Yourself patent?

Create-It-Yourself is when you get to do all the fun parts related to making something new

like designing the flames emblazoned on the side of your Mustang or choosing the exact ingredients in your gluten-free nutrition bars, without having to do the hard work of stencil painting or wheatless cooking yourself.

A patent attorney for small businesses and start-ups.

Devin Miller (IP Attorney)

Electrical Engineer

Lawyer

Small business owner

Recently I have been reading a book by Anthony Flynn and Emily Flynn Vencat titled Custom Nation. The book discusses how we are becoming a nation of customizers. We want everything customized from our build-it-yourself hamburgers and on-demand video streaming to our custom homes. The book shares, in part:

Custom Nation

Before the Industrial Revolution, customization was the norm because we did everything ourselves, like cooking stews and sewing curtains. But today’s customization isn’t Do-It-Yourself (DIY), it’s Create-It-Yourself, or what I like to call CIY. Create-It-Yourself is when you get to do all the fun parts related to making something new, like designing the flames emblazoned on the side of your Mustang or choosing the exact ingredients in your gluten-free nutrition bars, without having to do the hard work of stencil painting or wheatless cooking yourself.

Customize your patent application.

The book makes a great point. While DIY forces you to do everything on a project, including the less than fun parts of the project, CIY allows you to just do the fun parts of a project.

The same principle applies to patents. As an inventor, in-house counsel, or applicant, you likely do not want to sit down and explain in minute detail every aspect of your invention. You likely do want to be involved in the overall process and building assets for your company. So what are some of the CIY aspects of the patent process that enables you to customize your patent?

How to come up with an idea for a patent.

Coming up with the idea

For most inventors, coming up with the idea and figuring out how to make it work is the most exciting part of an invention. This is also a crucial part of the patent process because you have to know how your invention works to be able to explain it to others. You also get to figure out other ways people might design around your invention and protect against this.

Creating drawings of your invention

It is also fun to see your invention come to life. As part of the patent process, you can come up with drawings and sketches to show what your invention is. The drawings and sketches are also a great way to explain your invention to others.

Creating drawings for patents.
File a provisional patent application or a non-provisional patent application.

Provisional v. Non-Provisional Patent Application

If you are a start-up, a solo inventor, or just trying to decide if you want to invest in the preparation of a patent application, a provisional patent application is a great option. The provisional patent application is a cheaper option that holds your place for a year while you decide whether to invest in a full patent application. If you have already made up your mind and are ready to get going then a non-provisional patent application is the way to go.

Fast Track v. Normal Track

Sometimes you want your patent and you want it now. While it does take some time for a patent to go through the patent process, if you would like to get your patent more quickly, you can put it on a fast track and get it sooner.

Fast track your patent application.
Publication or non-publication request for a patent application.

Non-publication v. Publication

Do you want everyone to know what your invention is and how it works or do you want to keep it secret for as long as possible to keep your competition guessing? You can decide whether your patent is available to the public sooner or later.

What Countries to file your patent in21>

What countries are you going to be selling your invention? You can choose to only file for a patent in the US or file it in multiple countries.

File a foreign patent application.
Mark your product as patent pending.

Patent Pending Status

Next, to having an issued patent, it is always exciting to put patent pending on your product. Once you have filed your patent application, you can put patent pending on your product or website and let everyone know your patent is pending for your invention.

Distinguishing your invention from other inventions

When your patent is being examined by the patent process, you get a chance to see what other inventions are out there that may be related to your patent application. You can also help the patent attorney in strategizing how your invention is different from other inventions.

Distinguishing your patent from other patents.
Framing your patent application.

Getting an Issued Patent – Framing it as a plaque

When you finally make it all the way through the patent process and have an issued patent you should be proud of your invention. Now it is time to get a plaque to show your achievement. You can get your custom plaque at online stores such as iplax.com

Good luck with your inventing and your CIY patents!

Our Products

Flat Fee Pricing - Straightforward for Patents and Trademarks


Provisional Patent Application

$1700

Non-Provisional Patent Application

$5500

Trademark Application

$750

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Is a patent worth the money?

Patents can be a great asset or a money drain

Most inventors think they have come up with the next big thing. Some do and most do not. Before investing your life saving, take a minute to think about the best way to invest your time and money.

Devin Miller IP attorney for start-ups

Devin Miller (IP Attorney)

Electrical Engineer

Lawyer

Small business owner

Salvation or Anchor

Most inventors believe they have come up with the next big thing. They believe that everyone will want to steal it. They believe that a patent is their ultimate salvation. Inventors will mail themselves postmarked letters, record phone calls, hire attorneys to draft disclosure agreements, and generally act paranoid. Too often, inventors never stopping to think about whether it's really worth it.

The anchor of your business

Should you go after the treasured paper with the gold seal from the patent office? Here are a few questions to ask yourself before you invest in intellectual property.

Is a patent worth it?

Patentable and Valuable?

Is your invention really likely to be patentable and worth protecting? If it is a revolutionary new technology, probably. If it is a new widget for a small niche market, maybe not. 

Invest a little time and money and meet with a good patent lawyer (not a general practice attorney or business attorney). A good patent lawyer will give you solid guidance about how to proceed. If you are serious about investing in your invention, a good invention search can save you money in the long run. Provisional patent application can also be a great option to consider as they are comparatively inexpensive and buy you a year to think, sell, or test out your invention before jumping all-in.

Time and Money

Do you have the time and money? Patents are an expensive investment for start-ups and small businesses and take years to get. The average cost from start to finish to get a patent is $15,000-$20,000. 

Time and money for patents

When there are hiccups along the way you will have to pour more money and time into the patent process without a guaranteed outcome. Are you prepared for what it might cost? Have you considered if it will still be worth it in the two to three years it typically takes to get?

Cost and benefit for patents

Cost v. Benefit

Do the potential benefits justify the investment? Many inventors never think past "my idea is great, I need a patent." But will you sell enough? Is anyone really likely to steal the idea? Will your product even be relevant by the time the patent is issued? Will the patent have real value to investors or acquiring companies?

 I have several patents and patents-pending, and when I ask myself these questions in honest retrospect, there are some patents that are very valuable and others that I should not have pursued. So when you are trying to decide if you need a patent, ask yourself these questions. If the answers are positive, I would love to help.

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Flat Fee Pricing - Straightforward for Patents and Trademarks

Provisional Patent Application

$1700

Non-Provisional Patent Application

$5500

Trademark Applications

$750

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Tired of wait? Accelerating Your Patent Application: Quick Tips for Faster Examination

Obtaining a patent can be a lengthy process, but for innovators and inventors seeking quicker examination, there are several strategies available. By taking advantage of specific programs and initiatives offered by patent offices, applicants can expedite the examination of their patent applications. In this article, we will explore various options that can help accelerate the patent examination process, providing a valuable guide for individuals or businesses seeking faster results.

  1. Prioritize Track: One effective approach to expedite patent examination is by utilizing a prioritized track program offered by patent offices. These programs, such as the Track One Prioritized Examination program provided by the United States Patent and Trademark Office (USPTO), enable applicants to request accelerated examination for an additional fee. By opting for this track, applicants can significantly reduce the average processing time for their patent application.

  2. Patent Prosecution Highway (PPH): The Patent Prosecution Highway (PPH) is a global initiative that allows applicants to leverage positive examination results from one participating patent office to expedite examination in another. Under this program, if an application receives favorable examination results in a first patent office, the applicant can request accelerated examination in a second participating patent office. The PPH streamlines the examination process by utilizing existing examination work, resulting in quicker and more efficient patent grants.

  3. Accelerated Examination Programs: Several patent offices offer specialized programs designed to accelerate the examination process. These programs often require applicants to meet specific requirements or provide additional information at the time of filing. For instance, the European Patent Office (EPO) offers the Program for Accelerated Prosecution of European Patent Applications (PACE). By submitting a more detailed application that meets the PACE requirements, applicants can expedite the examination timeline.

  4. Patent Cooperation Treaty (PCT) Patent Prosecution Highway (PCT-PPH): For international patent applications filed under the Patent Cooperation Treaty (PCT), the PCT-PPH program allows applicants to accelerate examination in specific national or regional patent offices. By leveraging a positive examination result from a specific PCT participating office, applicants can request expedited examination in other participating offices. The PCT-PPH facilitates a streamlined process, ensuring faster examination and potential patent grants in multiple jurisdictions.

  5. Patent Examination Support Services: Some patent offices provide additional services to expedite the examination process. These services often involve paying an extra fee to receive accelerated treatment. For instance, the USPTO's Patent Prosecution Highway (PPH) Accelerated Examination Support Document (AESD) program enables applicants to request accelerated examination by paying a fee. This service can be a valuable option for those seeking faster patent examination.

While the patent examination process traditionally requires time and patience, several strategies can help expedite the timeline for applicants. By understanding and utilizing programs such as prioritized tracks, Patent Prosecution Highway (PPH), accelerated examination programs, Patent Cooperation Treaty (PCT) PPH, and patent examination support services, inventors and innovators can accelerate the examination process and potentially obtain their patents more quickly. It is crucial for applicants to consult the specific guidelines and requirements of the relevant patent offices to determine the best options available to expedite their patent applications. By employing these strategies, inventors can navigate the patent examination process more efficiently, protecting their intellectual property and advancing their innovations in a timely manner.

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Can I take/acquire a URL owned by someone else if they aren't using it?

The digital landscape is vast and ever-expanding, with millions of websites and URLs circulating across the internet. As individuals and businesses establish their online presence, the question of ownership and availability of URLs becomes increasingly relevant. However, it is crucial to recognize that claiming someone's URL solely because they aren't actively using it is ethically and legally problematic. In this article, we explore the reasons why you cannot take someone's URL just because they aren't using it and the importance of respecting digital identities.

  1. Ownership and Intellectual Property Rights:

URLs serve as digital addresses that uniquely identify websites and online resources. When individuals or organizations register a domain name, they acquire ownership rights and establish their digital identity. Ownership of a URL is protected under intellectual property laws, and infringing upon someone's rights by taking their unused URL can lead to legal consequences.

  1. Respect for Branding and Reputation:

Unused URLs may be associated with a specific brand, individual, or organization. Even if a website is inactive, the URL may still hold value in terms of brand recognition, marketing potential, or future use. Taking someone's URL without their consent undermines their branding efforts and potentially damages their reputation. Respecting the digital identity of others is not only a matter of courtesy but also a way to maintain trust within the online community.

  1. Unforeseen Future Plans:

It is important to acknowledge that people may have legitimate reasons for not using a particular URL at a given time. They may be planning a future project, keeping the URL as a placeholder, or simply experiencing a temporary hiatus from online activities. Assuming that an unused URL is up for grabs disregards the individual's autonomy over their digital presence and their potential plans for the future.

  1. Abandonment and Releasing URLs:

While unused URLs may seem available, determining whether a URL has been truly abandoned can be challenging. The mere absence of a website or activity does not automatically grant ownership rights to another party. In cases where a URL has been abandoned or released intentionally, there are established protocols and processes for acquiring such URLs, such as domain name auctions or registration through authorized channels.

  1. Legal and Ethical Considerations:

Engaging in URL squatting or cyber-squatting, which involves registering or using a domain name with the intention of selling it at an inflated price, is widely regarded as unethical and can be illegal. Authorities worldwide recognize the importance of protecting digital identities and intellectual property rights, and there are mechanisms in place to address domain name disputes.

In the vast digital realm, it is crucial to respect the ownership, branding efforts, and future plans of individuals and organizations. While unused URLs may appear available, taking someone's URL without permission or legal entitlement is not only ethically questionable but also potentially illegal. Preserving digital identities and intellectual property rights fosters a healthier and more trustworthy online environment where individuals and businesses can thrive. Let us promote a culture of respect and understanding by recognizing the value of each unique digital presence and the significance of maintaining a sense of ownership over one's digital identity.

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Is there such thing as an 'international' patent?

Patents are granted by national governments, which means that there is no such thing as an 'international' patent that provides worldwide protection. However, there are several options available for inventors who want to protect their inventions in multiple countries.

One option is to file a Patent Cooperation Treaty (PCT) application, which provides a unified procedure for filing patent applications in multiple countries. The PCT application allows inventors to delay the decision of where to seek patent protection while their invention undergoes an initial international search and examination.

The PCT application does not grant international patent protection but instead provides a centralized procedure for filing patent applications in multiple countries. After filing a PCT application, inventors have up to 30 months from the priority date to file separate patent applications in each country where they seek patent protection.

Another option is to file separate patent applications in each country where an inventor seeks patent protection. This option can be time-consuming and expensive, as patent laws vary from country to country, and inventors will need to work with local patent attorneys to navigate the application process.

It is important to note that each country has its own patent laws and procedures, and an inventor's patent may not meet the requirements for patentability in other countries. Therefore, it is crucial to conduct a patent search and consult with a patent attorney in each country where an inventor seeks patent protection.

In addition, even if an inventor obtains a patent in another country, it will only be enforceable in that country's legal system. This means that if someone infringes on a patent in another country, an inventor will need to pursue legal action through that country's court system.

In conclusion, there is no such thing as an 'international' patent that provides worldwide protection. However, inventors can apply for patent protection in multiple countries through a Patent Cooperation Treaty (PCT) application or by filing separate patent applications in each country. It is recommended to conduct a patent search and work with a patent attorney in each country where an inventor seeks patent protection, as each country has its own patent laws and procedures.

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How much is a patent worth?

The value of a patent depends on several factors, including the invention's uniqueness, commercial potential, and the market demand for the invention. In general, a patent can be worth millions of dollars or nothing at all, depending on these factors.

One way to determine the value of a patent is to look at the licensing fees or royalties that the patent holder can charge for the use of the invention. These fees can range from a few cents to several dollars per unit sold, and the value of the patent will depend on the expected volume of sales.

Another way to determine the value of a patent is to look at the potential revenue that the invention can generate. For example, if the invention is a new drug or medical device, the value of the patent will be based on the estimated market size and the potential revenue from sales.

In some cases, the value of a patent can be determined through a patent auction or sale. In these cases, the patent holder can sell the patent to the highest bidder, and the value of the patent will depend on the level of interest from potential buyers.

It is important to note that the value of a patent can also depend on the legal protection it provides. A strong patent with broad claims can provide more legal protection than a weak patent with narrow claims, and this can affect the patent's value.

In addition, the value of a patent can also be influenced by the patent holder's ability to enforce their rights. If the patent holder does not have the resources or legal expertise to enforce their rights, the patent's value may be limited.

In conclusion, the value of a patent can vary greatly depending on several factors, including the invention's uniqueness, commercial potential, market demand, and legal protection. While a patent can be worth millions of dollars, it is important to conduct a thorough analysis of the patent's value before making any decisions about licensing, selling, or enforcing the patent. A patent attorney or intellectual property specialist can help to evaluate the patent's value and provide guidance on how to maximize its value.

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Do US patents apply in other countries

If you are a US inventor, you may be wondering if your US patent protection applies in other countries. The short answer is no - US patents do not automatically apply in other countries. However, you can apply for patent protection in other countries through several options.

One option is to file a Patent Cooperation Treaty (PCT) application, which provides a unified procedure for filing patent applications in multiple countries. The PCT application allows you to delay the decision of where to seek patent protection while your invention undergoes an initial international search and examination.

Another option is to file separate patent applications in each country where you seek patent protection. This option can be time-consuming and expensive, as patent laws vary from country to country, and you will need to work with local patent attorneys to navigate the application process.

It is important to note that each country has its own patent laws and procedures, and your US patent may not meet the requirements for patentability in other countries. Therefore, it is crucial to conduct a patent search and consult with a patent attorney in each country where you seek patent protection.

In addition, even if you obtain a patent in another country, it will only be enforceable in that country's legal system. This means that if someone infringes on your patent in another country, you will need to pursue legal action through that country's court system.

It is also important to note that some countries have reciprocity agreements with the US, which may make it easier to obtain patent protection. For example, under the Patent Prosecution Highway (PPH), patent applicants can accelerate the examination process in participating countries based on a positive examination in the US or another participating country.

US patents do not automatically apply in other countries. To obtain patent protection in other countries, you can file a PCT application or file separate patent applications in each country. However, it is important to understand that each country has its own patent laws and procedures, and your US patent may not meet the requirements for patentability in other countries. It is recommended to conduct a patent search and work with a patent attorney in each country where you seek patent protection.

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How to patent a hair product

Developing a new hair product can be an exciting and rewarding process. However, to protect your intellectual property and prevent others from copying your product, you may consider patenting your invention. Patenting a hair product involves a specific process that is important to understand.

The first step in patenting a hair product is conducting a thorough search of existing patents to ensure that your product is unique and does not infringe on any existing patents. This search can be conducted through the United States Patent and Trademark Office (USPTO) website or with the help of a patent attorney.

Once you have confirmed that your hair product is unique, the next step is preparing a patent application. A patent application for a hair product should include a detailed written description of your invention, highlighting its unique features, how it is different from other hair products, and any supporting diagrams or illustrations.

After preparing your application, you will need to file it with the USPTO and pay the appropriate fees. Then, you will need to wait for a response from the patent examiner, who will review your application and may ask for additional information or make objections.

If objections or rejections are raised, you will need to respond to them to clarify your product's uniqueness and how it differs from any existing patents. If your patent application is approved, you will receive a patent that gives you exclusive rights to manufacture, use, and sell your hair product for a specific period, usually 20 years from the date of filing.

In conclusion, patenting a hair product involves conducting a thorough patent search, preparing a detailed patent application, filing the application with the USPTO, responding to any objections, and ultimately receiving your patent. By patenting your hair product, you can protect your intellectual property, prevent others from copying your product, and have exclusive rights to manufacture, use, and sell your hair product for a specific period.

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How to know if you are infringing on a patent

If you are developing, manufacturing, or selling a product, it is essential to ensure that you are not infringing on any patents. Patent infringement can result in significant legal and financial consequences, including paying damages to the patent holder, paying the patent holder's legal fees, and being prohibited from selling the infringing product. Here are some ways to know if you are infringing on a patent:

  1. Conduct a patent search: The first step in determining whether you are infringing on a patent is to conduct a patent search. A patent search can help you identify any patents that are relevant to your product or technology. You can conduct a patent search on the United States Patent and Trademark Office (USPTO) website or hire a patent attorney to conduct a more comprehensive search.

  2. Analyze the claims of the patent: Once you have identified relevant patents, you should analyze the claims of the patent to determine whether your product infringes on any of the claims. The claims describe the specific elements or features of the invention that are protected by the patent. If your product includes all of the elements or features described in one or more of the claims, then you may be infringing on the patent.

  3. Consult with a patent attorney: If you are unsure whether your product infringes on a patent, you should consult with a patent attorney. A patent attorney can help you analyze the patent claims and determine whether your product infringes on the patent. They can also advise you on potential legal strategies to avoid infringement.

  4. Monitor patent litigation: Even if you have conducted a patent search and determined that your product does not infringe on any patents, it is important to monitor patent litigation in your industry. Patent holders may file lawsuits against companies that they believe are infringing on their patents. By monitoring patent litigation, you can stay informed about any potential infringement issues and take action to avoid infringement.

  5. Consider obtaining a freedom-to-operate opinion: A freedom-to-operate (FTO) opinion is a legal opinion provided by a patent attorney that assesses whether a product or technology infringes on any patents. Obtaining an FTO opinion can provide additional reassurance that you are not infringing on any patents.

In conclusion, knowing whether you are infringing on a patent is essential for any company that is developing, manufacturing, or selling a product. To determine whether you are infringing on a patent, you should conduct a patent search, analyze the claims of the patent, consult with a patent attorney, monitor patent litigation, and consider obtaining a freedom-to-operate opinion. By taking these steps, you can avoid infringement and protect your company from legal and financial consequences.

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Unlock the Power of Customer Referrals

As a small business owner, word-of-mouth referrals can be invaluable for growing your customer base and increasing brand awareness. While there’s no one-size-fits-all formula for mastering customer referral strategies, there are some key steps you can take to ensure your business gets more referrals. From Miller IP Law, here are some tips for incentivizing and increasing referrals for your business.

Participate in Networking Groups for Small Businesses

One great way to get more customer referrals is to join a local small business networking group. These groups offer the opportunity to meet other entrepreneurs who may be able to provide valuable advice and resources that you might not have access to on your own. Additionally, these networks can help you build relationships with potential customers who may be interested in referring your business or products/services to their friends and family.

Provide Promotional Deals and Discounted Prices

Another way to increase customer referrals is by offering promotions or discounts as an incentive for customers who refer your business. For example, you could offer a percentage off of their next purchase or even a free product if they refer a friend or family member who then purchases from your store. This is an effective way to encourage people to spread the word about your business and reward them for doing so.

Utilize The Potential of Social Media

In today's business world, social media has emerged as a powerful tool for customer referrals. Businesses can effectively engage potential customers through various social media platforms like Facebook, Instagram, Twitter, and LinkedIn by sharing engaging content like photos, videos, and stories. These platforms also offer businesses the opportunity to create targeted campaigns or adverts, reaching those who have already shown interest in similar products or services, which can further enhance their reach.

Place Emphasis on Developing a Robust Brand

Creating a strong brand identity is essential when it comes to acquiring new customers via referral strategies. A strong brand will make it easier for customers to recognize and remember your company which increases the likelihood that they will refer others in the future. This means investing in professional logo design services as well as website design services that accurately reflect what you offer as a business and how it’s different from competitors to make sure you stand out from the crowd.

For legal assistance developing and protecting your small business’s brand, contact Miller IP Law today,

Establish a Gift Card Earning Loyalty Program

Creating loyalty programs for customers who consistently make purchases from you can be a great way to get more referrals. Offer them gift cards or discounts when they reach certain levels of loyalty and incentivize them to come back and recommend your business, products, and services. This may be the ideal solution to improving customer retention and referrals. Explore ways to leverage gift card programs and technology for your business.

Partner With Nearby Businesses for Cross-Promotion

Collaborating with non-competitive local businesses can be a valuable strategy for gaining additional exposure and increasing customer referrals. However, it is crucial to establish clear responsibilities and expectations in any collaboration agreement to ensure mutual benefits. By doing so, both parties can maximize the potential of cross-promotion and leverage their combined resources for greater success.

Invest in Business Cards for Customers

Investing in standard-size business cards allows you to easily provide contact information to potential customers. Having something tangible to give out helps build trust and provides direct contact details for following up at a later date. You can also customize your cards with QR codes linking customers directly to your online store, adding extra convenience for customers.

Getting more customer referrals doesn't have to be difficult if handled correctly. Utilizing the tips mentioned above, as well as allowing room for creativity and thinking outside of the box, can all contribute to achieving your desired results. Anything is possible with enough effort.

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How to get around a patent

It is illegal to infringe on a patent by manufacturing, using, or selling a product that is covered by the patent. However, there are some strategies that companies can use to get around a patent and develop similar products without infringing on the patent holder's rights. Here are some ways to get around a patent:

  1. Design around the patent: One way to get around a patent is to design a product that achieves the same result but does not infringe on the patent holder's claims. This can be done by making minor modifications to the product design or using different materials or components.

  2. License the patent: Another way to get around a patent is to obtain a license from the patent holder to use the patented technology. This allows the company to develop and sell products that incorporate the patented technology without infringing on the patent.

  3. Challenge the patent: If a company believes that a patent is invalid or overly broad, they can challenge the patent in court. This can be a lengthy and expensive process, but if successful, it can invalidate the patent and allow the company to develop and sell similar products.

  4. Wait for the patent to expire: Patents have a limited term, typically 20 years from the filing date. Once a patent expires, anyone can use the patented technology without infringing on the patent holder's rights.

  5. Use the patent in a different industry: If a patent is only valid in a specific industry or field, a company can develop and sell similar products in a different industry without infringing on the patent.

  6. Buy the patent: Finally, a company can try to purchase the patent from the patent holder. This allows the company to use the patented technology without infringing on the patent holder's rights.

In conclusion, while it is illegal to infringe on a patent, there are some strategies that companies can use to get around a patent and develop similar products. These strategies include designing around the patent, licensing the patent, challenging the patent, waiting for the patent to expire, using the patent in a different industry, and buying the patent. However, each of these strategies has its own challenges and risks, and it is important to consult with a patent attorney before pursuing any of these options.

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Can you copy a patented product

Copying a patented product is illegal and can result in severe legal consequences. A patent is a form of intellectual property protection that grants the owner exclusive rights to manufacture, use, and sell the invention for a specified period. Copying a patented product without the owner's permission infringes on those exclusive rights and violates patent law.

It is important to note that patent infringement does not require an exact copy of the patented product. Any product that performs substantially the same function or achieves the same result as the patented product can also infringe on the patent. This means that even minor variations or modifications to the patented product may still infringe on the patent.

If a patent owner suspects that someone is copying their patented product, they can take legal action. The patent owner may send a cease-and-desist letter demanding that the alleged infringer stop selling the product. If the alleged infringer does not comply, the patent owner may file a lawsuit in court to seek damages and an injunction to prevent further infringement.

The penalties for patent infringement can be severe, including paying damages to the patent owner, paying the patent owner's legal fees, and being prohibited from selling the infringing product. In some cases, the court may even order the destruction of the infringing product. Additionally, intentional patent infringement can lead to criminal charges and fines.

In conclusion, copying a patented product is illegal and can result in significant legal and financial consequences. If you want to manufacture or sell a product that is similar to a patented product, you should consult with a patent attorney to determine whether your product infringes on the patent. Additionally, if you believe that someone is copying your patented product, you should consult with a patent attorney to determine your legal options and take action to protect your rights.

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Can I patent a new use for an existing product?

While it is possible to patent a new use for an existing product, the requirements for doing so are strict, and the application process can be difficult. This article will explore the steps required to patent a new use for an existing product and provide some tips to help you navigate the patent application process.

First and foremost, it is essential to determine whether your new use for an existing product is eligible for patent protection. In general, patent law only allows for the protection of new, useful, and non-obvious inventions. Thus, if your new use for an existing product is not novel or obvious, it may not be eligible for patent protection. However, if your new use for an existing product is novel and non-obvious, you may be able to obtain a patent.

The next step in patenting a new use for an existing product is to conduct a patent search. A patent search can help you determine whether anyone else has already patented a similar invention. If someone else has already patented an invention that is similar to yours, you may not be able to obtain a patent for your new use. However, if no one else has patented an invention that is similar to yours, you may be able to obtain a patent.

Once you have determined that your new use for an existing product is eligible for patent protection and that no one else has patented a similar invention, you can begin the patent application process. The patent application process can be complex and time-consuming, so it is essential to work with an experienced patent attorney. A patent attorney can help you prepare and file your patent application and can advise you on the best strategies for obtaining a patent.

When preparing your patent application, it is essential to include detailed descriptions of your invention and the new use for the existing product. You will also need to provide information about the prior art, which is any existing products or inventions that are similar to your invention. Additionally, you will need to provide information about how your invention differs from the prior art and how it is non-obvious.

Finally, it is essential to be patient during the patent application process. It can take several years for a patent application to be approved, and there may be additional requirements or rejections along the way. However, with the help of an experienced patent attorney, you can increase your chances of obtaining a patent for your new use for an existing product.

In conclusion, patenting a new use for an existing product is possible, but it requires careful planning and execution. It is essential to determine whether your new use is eligible for patent protection, conduct a patent search, work with an experienced patent attorney, and be patient during the application process. By following these steps, you can increase your chances of obtaining a patent for your new use for an existing product.

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When will a patent be invalid for lack of novelty?

Novelty is one of the basic requirements for obtaining a patent. In order to be granted a patent, the invention must be new and not already known or used by others. If the invention is not novel, the patent can be invalidated. Here are some situations where a patent may be invalidated for lack of novelty:

  1. Prior Art - If the invention has already been disclosed or made available to the public, it may not be novel. This includes any prior art, which is any information that was publicly available before the filing date of the patent application.

  2. Public Use - If the invention has been publicly used before the filing date of the patent application, it may not be novel. This can include any commercial use or sale of the invention.

  3. Inherently Obvious - If the invention is considered to be inherently obvious to a person skilled in the relevant field, it may not be novel. This means that the invention is something that anyone skilled in the field would have come up with on their own, without needing to rely on the patent.

  4. Similar Inventions - If the invention is very similar to an existing invention or combination of existing inventions, it may not be novel. This can include any small changes or modifications to an existing invention.

In order to avoid invalidation of a patent due to lack of novelty, it is important to conduct a thorough search of existing prior art before filing the patent application. This can help identify any existing inventions or disclosures that may be similar to the invention being patented, allowing for adjustments or modifications to the invention to ensure that it meets the novelty requirement.

In conclusion, lack of novelty is one of the most common reasons for patent invalidation. It is important to conduct a thorough search of existing prior art and ensure that the invention being patented is truly novel and not already known or used by others. If the invention is not novel, it may be difficult or impossible to obtain a valid patent.

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What does a utility patent not protect?

A utility patent is a type of patent that protects the way an invention works or is used. While a utility patent can provide valuable protection for a wide range of inventions, there are certain things that it does not protect. Here are a few examples of what a utility patent does not protect:

  1. Ideas or concepts - A utility patent cannot be used to protect an abstract idea or concept, only the specific implementation or embodiment of that idea. This means that while you may have a great idea for a new product or technology, you cannot protect it with a utility patent unless you can demonstrate a specific, novel and non-obvious way of implementing that idea.

  2. Laws of nature or natural phenomena - A utility patent cannot be used to protect laws of nature or natural phenomena. For example, you cannot patent the laws of physics or the natural properties of an element or substance.

  3. Software algorithms - While a utility patent can protect the way software is used or integrated with other systems, it cannot protect the underlying algorithms or mathematical formulas used to perform specific functions. This is because algorithms and mathematical formulas are generally considered to be abstract ideas or concepts, which are not patentable.

  4. Abstract art or music - A utility patent cannot be used to protect abstract works of art or music, which are typically covered by copyright or trademark law instead.

In summary, while a utility patent can provide important protection for a wide range of inventions, it is important to understand its limitations and what it does not protect. If you have an invention that falls outside the scope of a utility patent, you may need to explore other forms of intellectual property protection, such as a design patent, copyright, or trademark.

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What is a patent portfolio?

A patent portfolio is a collection of patents held by an individual, organization, or company. It is a way to protect and manage intellectual property assets, which can include new inventions, designs, processes, or improvements to existing technology. A patent portfolio can be used to prevent competitors from copying or using patented inventions, and can also be a valuable asset in licensing or selling intellectual property.

The size and scope of a patent portfolio can vary widely, depending on the needs and goals of the owner. Some companies or individuals may focus on acquiring a large number of patents to establish a strong presence in a particular industry or technology area. Others may focus on acquiring only a few key patents that provide a significant competitive advantage or generate substantial licensing revenue.

Managing a patent portfolio requires ongoing attention and resources, as patents must be maintained and renewed periodically to remain in force. It also involves monitoring the competitive landscape to identify potential infringement of existing patents, and taking legal action to enforce patent rights when necessary.

Overall, a patent portfolio can be a valuable asset for companies and individuals alike, providing protection for intellectual property and generating revenue through licensing or sale. As such, it is important to carefully manage and maintain a patent portfolio, and to seek the guidance of legal and technical experts to ensure that it is optimized for maximum protection and value.

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How to write a patent specification (as a non-lawyer)

Writing a patent specification can seem daunting for a non-lawyer, but it is an important step in protecting your invention. A patent specification is a legal document that describes the invention in detail, and it forms the basis of the patent application. Here are some tips for writing a patent specification:

  1. Describe the invention in detail: The patent specification should include a detailed description of the invention. This should include how it works, what it does, and how it is made. Be sure to include any drawings or diagrams that can help explain the invention. It is important to be as detailed as possible, as this will help ensure that the patent is strong and defensible.

  2. Focus on the unique aspects: When writing a patent specification, it is important to focus on the unique aspects of the invention. This means identifying what makes the invention different from anything else that has been done before. This can be a challenge, but it is essential for the patent to be granted.

  3. Be precise with language: Language in a patent specification should be precise and specific. Avoid using vague or ambiguous terms that could be open to interpretation. Use technical terminology that is appropriate for the field of the invention.

  4. Consider the claims: The claims are the part of the patent specification that defines the scope of the invention. They should be carefully crafted to cover all aspects of the invention that you want to protect. Be sure to include both broad and narrow claims to maximize protection.

  5. Hire a professional: While it is possible to write a patent specification as a non-lawyer, it is often advisable to hire a professional. Patent attorneys and agents are trained to write strong patent specifications that meet the requirements of the patent office. They can also help you navigate the patent application process and ensure that your patent is as strong and defensible as possible.

In conclusion, writing a patent specification is an important step in protecting your invention. By following these tips, you can create a strong and defensible patent specification that accurately describes your invention and maximizes its protection. If you are unsure about how to proceed, consider hiring a professional to help you through the process.

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Ogden, Utah: The Perfect Home for Your Business and Family

As an entrepreneur, it’s essential to live in a city with a supportive community and strong economic activity. And when you have a family, your city should provide an affordable, top-notch quality of life for kids and adults alike.

 

Whether you’re thinking about moving to start a business or relocating your current one, Ogden is the prime spot. Below, Miller IP Law lays out the reasons every family-focused entrepreneur should consider moving to the Austin suburb.

 

Affordable Living      

 

No one can lead a high quality of life if they can’t afford to live in their city. Fortunately, aside from housing which drives up the cost of living, Ogden is more cost-effective than many other cities of its kind. The average home sells for $325,400. With that being said, Ogden is a competitive housing market, and you will need a trusted mover in your corner to get you from Point A to Point B.

 

If you are looking to rent for a bit when you first move, know that the average apartment in Ogden rents for $925 per month. Living in a place you can comfortably afford will give your business more runway for growing as you envision.

 

If you’d rather live in a house, there are a couple dozen homes for rent in the area. An online search tool can help you sort through your potential rental options. You should be able to find a place that meets your needs for space and budget.

 

Entrepreneurial Support     

 

One of the biggest perks of moving to Ogden is the entrepreneurial community that comes with it. Not only does the city itself offer various resources for business starters and owners, but it is also close to Salt Lake City, which offers a wealth of other resources.

 

You will likely find mentors, business leaders, and other entrepreneurs to help you get a strong start in Ogden. A supportive community can go a long way in helping you connect with valuable resources and persevere through challenges.

 

Here are a few entrepreneurial resources to look into:

 

 

Starting a Ogden Business       

 

If you are starting a company from scratch, one of your first steps will be to make a business plan. Smarsheet points out that this document will take your business idea and fill out all the necessary information around it, such as your mission statement, target audience, product description, funding requirements, and financial forecasts. It will also include a marketing strategy, which should include social media outreach. One platform you don’t want to miss out on is Instagram. Along with appealing content and newsworthy events related to your business, design and posting frequency are important aspects to using Instagram. Luckily, Instagram story templates can help you create and manage your Instagram feed—simply choose a template, customize it, then share it with nearly 1 billion users.

 

You will also need to obtain any necessary licenses and permits for operating in Ogden and establish a legal structure that will position you for healthy growth. Any business operating as an LLC or corporation is required by the state to have a registered agent to serve as its official point of contact. The easiest way to connect with an experienced agent is through an online formation service.

 

Opportunity for Happiness

 

You and your family should be able to enjoy life in your new city, and that’s another area Ogden shines: quality of life. Having access to top-notch restaurants, parks, community events, and entertainment not only can improve everyday life for your entire household but also ensure your future employees (and neighbors) are happy and thriving.

 

These are just a few of many places and activities Ogden offers for a flourishing life:

 

  • Farmers Market Ogden
  • Harvest Moon Festival
  • Historic 25th Street Car Show
  • Music On The Plaza

 

Nearby Colleges      

 

Finally, you need to live somewhere with an educated workforce to ensure you can build the team your company needs to grow and stay successful. With a strong pool of local talent, there’s nothing stopping you from achieving your goals and milestones! There are several world-class colleges and universities in and near Ogden, such as:

 

 

The Ogden region has everything you need to flourish as a family-focused entrepreneur. The housing and cost of living is competitive with many other localities in Utah, and its entrepreneurial community is second to none. You will also find plenty of opportunities to experience an exceptional quality of life to go with a top-notch pool of talent. If you’re trying to determine where to start or move your business, look no further!

If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

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About the Firm...

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.


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