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Answers

How much does it cost to file a provisional patent as an individual?

The USPTO provisional application filing fee is $65 for a micro entity, $130 for a small entity, and $260 for a large entity. There is no additional cost for submitting a non-electronic application (unlike a non-provisional utility application filed in paper). For complex patents, USPTO will charge you an additional $100, $200, and $400 (depending […]

Should I bother getting a patent for my startup idea? We’re using existing tech in a way we’ve never seen anyone do before.

We often get this question asked by newly formed startups over at LawTrades. Assuming your idea is patentable, there are are critical things to ponder when deciding if you should invest the tremendous sums of money patent registration – and enforcement – requires. An established company has the resources to evaluate its markets and customers. Moreover,they […]

How can a designer know if a UI gesture/element is patented?

Wow it is time for this question to have an updated answer! Beginning in 2011, Apple and Samsung have been embroiled in a number of lawsuits and appeals in the U.S., a bunch of foreign countries, and even the civil court in the Hague. In the U.S., Apple alleged that Samsung willfully infringed three of […]

How many hours does it usually take for a patent attorney to file a non provisional software application, in a medium advanced case?

Honestly, it is too difficult to approximate the number of hours as each application’s complexity and each inventor’s ability to understand the patent application is unique. However, you can reduce high-rate billable hours by doing research on your own to verify the eligibility of your patent and compiling all necessary documentation and materials to avoid […]

How much does it cost to file a patent?

We answer this question often at LawTrades. Luckily, based on your description, you will likely not need $10,000 to file and obtain your patent if all goes well on the first try. Just as a new invention requires creativity and hard work, so does filing for a patent. Over the years, courts and the U.S. government […]

Why would one file continuation patent applications from a patent that has already been allowed and is about to issue?

Your confusion makes sense considering there are three different forms of continuation applications: 1) (straight) continuation, 2) continuation-in-part (CIP), and 3) divisional. In your case, it sounds that your assignee is seeking a continuation or a continuation-in-part. A continuation application uses the same specification and drawings of its prior parent application, but adds new claims […]

I am making a Provisional Patent Application for an internet software tool. Are there any special tips I should know specific to software patents vs. non-software patents?

We at LawTrades routinely help entrepreneurs like you file a provisional software patent application with the assistance of an affordable, bright attorney. To answer your question, there are indeed some things to think about specific to provisional software applications: Be as technical as possible. The rule of thumb is to describe the software insomuch as for a […]

Patent Law: What is the most inexpensive way to protect the design of my product?

For bootstrapping tech startups, there are alternative, cost-effective routes that can provide relatively robust intellectual property (IP) protection. Confidentiality agreements and trade secret protection can work just as well as costly patent registration, especially when combined with exceptional innovation design and speed. All employees, board members and advisors should be required to sign agreements obligating […]

How does one file a provisional patent application?

Based on your question it seems you are ready to file. If that’s that case, you have completed the tough parts! When filing, your application should consist of: (1) a detailed description (technically referred to as a specification), (2) a drawing (if applicable), (3) the USPTO Cover Sheet, and (4) the filing fee. The filing fee […]

How do I go about licensing a patent?

Great question and congratulations with making it this far with your invention! You can certainly license your patent rights irrespective if the USPTO or CIPO have granted your patent application yet. However, as Konstantinos alluded to, it is more difficult to license before patent protection is provided to you as those interested in your product […]

What is the average cost for a lawyer to review an employment contract?

The ambiguity of the employment relationship will likely dictate the price you will pay. However, be wary of overpaying at a law firm. Finding a formidable lawyer to help you draft an affordable employment contract efficiently isn’t always easy. Don’t expect to find a good lawyer by just doing a Google search or reading an […]

Trademarks: Can a company in same industry with similar name exist?

In short, the answer is yes; however, a seasoned trademark attorney would be the best person to ask regarding your particular situation. That being said, the United States Patent and Trademark Office (USPTO) routinely rejects trademark registrations based on the “likelihood of confusion” that consumers would face between a prospective trademark and one that is […]

If I’m working at a company, do they have intellectual property rights to the stuff I do in my spare time? Zynga doesn’t allow developers to have side projects. Is this true for companies in general? Is this sort of restriction legally enforceable?

As someone who has been spending time in Silicon Valley and the Bay Area, I hear about this problem a lot. Like I suggest to the people out there, seek advice from an attorney who will be much more thorough and knowledgable than the responses you’ll find here. Want to effortlessly find one right now? […]
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