San Diego Patent Lawyer

Patenting your product is a massive step as a business owner. However, patents can be complicated and confusing. In addition, they can be costly to obtain. In fact, defending your patent can get challenging and could cost you a hefty amount of money.

Hiring a San Diego patent attorney is crucial if you want to maintain your rights over your products. But in these times, it could be hard to look for reliable San Diego patent attorneys. In most cases, they may not offer a free consultation.

Alloy Patent Law is not like most law firms. We offer affordable and accessible patent litigation services for startups and small businesses. Our San Diego patent lawyer has years of experience working on for startup companies. We know what you’re going through, and we know how we can help you.

How Our San Diego Patent Lawyers Can Help You

Intellectual property lawyers help clients by protecting their designs. At Alloy Patent Law, we also help clients create a strategic plan of defense. Our San Diego patent lawyer is also experienced in reviewing patent portfolios. Moreover, San Diego patent lawyers can help you through patent prosecution. We also handle re-examination processes before patent authorities.

We have experience representing before the United States Patent and Trademark Office. Our San Diego intellectual property attorney has a vast knowledge of intellectual property law. Furthermore, they also have experience with patent infringements rights.

In case you are a patent holder facing disputes, then you should seek the legal services of an experienced San Diego patent lawyer.

Our San Diego patent lawyer handled various patent cases, from medical device patents to manufacturing. We have broad experience handling patent disputes for several business sectors.

Patenting Services That We Offer in San Diego, California

Our San Diego patent lawyer covers a wide array of patent services. We were able to defend many clients in the past successfully. Our San Diego patent attorney is an expert in patent law and litigation. We offer a free consultation for your initial case review.

The services our law firm can offer are enlisted below.

Patentability Search and Opinion

Infringement opinions entail searching databases to find any patents or trademarks. We also check the prior art records of the products you are patenting. Moreover, we can give an opinion on whether your invention is new and non-obvious.

Patentability also requires that a product should be confidential or unpublished for 18 months. Publishing a product before a patent is filed could risk its approval. Patent filing is based on a first-to-file basis. This means that a person who filed a patent for a similar product will be granted the patent.

A patent search will help identify if your idea or design is entirely new. If the results are conclusive, then a patent can be granted to your product or idea. A San Diego patent attorney will conduct this process before following up with utility or design patent applications. Our San Diego Patent Attorney is an expert in determining the uniqueness of your product’s features.

Provisional Patent Application

We offer a provisional patent application in San Diego. A provisional patent application is a fast and inexpensive way to file for a patent. A provisional application only takes 12 days before you can submit a full-blown non-provisional patent.

Furthermore, this process is less costly. This is because it does not need formal drawings or details of your invention.

A provisional patent application is also cheaper than a non-provisional patent application. This type of patent is best used for products that are still in the design phase. But, holders cannot use it for selling or advertising purposes.

Holders who opted for a provisional patent application have a particular benefit. This can give them ample time to conduct thorough research before filing for a complete patent.

Nonprovisional Patent Application

Nonprovisional applications are for patent-pending inventions. A non-provisional patent application can also be referred to as a utility patent.

An applicant must first have a provisional application. After which, they will apply for a non-provisional patent. Non-provisional applications are more expensive than provisional ones.

Patent applicants are required to provide proper documentation. This is to make sure that the invention meets all the patenting criteria. For example, the reviewing party may request proof of product drawings. In addition, they may also request technical specifications and know-how research reports.

A non-provisional patent application takes approximately 60 days before it can be approved. The length of time for this process will differ depending on where you filed your application. In the U.S., a USPTO examiner will review your file and research the novelty of your idea or design.

Our San Diego patent law firm can help you throughout the entire filing process. We can help you prepare, submit, and respond to any office actions from the USPTO examiners.

Patent Prosecution

Patent prosecution is the process of preparing and filing a patent application. It also entails responding to any necessary office actions. You are also required to accommodate any communication from patent examiners in San Diego.

We can help you with your research and development. Our services cover starting from when you file for a provisional patent until the USPTO examiners grant your patent. Our patent lawyer will also review your application. He can advise you if you need any extra documents before processing your request for patent rights.

He will check on its validity and will determine if a creator needs to add more information. In this case, they will have to do the necessary process before moving on to amendments or formal drawings.

Invention Disclosure Development

We can help you create your invention disclosure. This is an important document that can provide more information about the product or idea. We highly recommend that you complete it before seeking a patent for your creation. It will be organized, coordinated, and focused on your invention.

Invention Disclosure Development is a process that involves drafting and preparing an application for filing a patent. In addition, it also entails conducting any search or legal action responses from the USPTO examiners.

Our San Diego patent attorney will chart out its significant components. We will also look into their relationship with each other. After doing this, we will identify the purpose of each particular aspect of the design.

Furthermore, our San Diego patent lawyer can point out any missing characteristics in your design if necessary. Our San Diego patent attorney has proven records in handling these cases. We can handle all types of invention disclosure development activities.

State of the Art Search

A state-of-the-art search report helps identify whether your invention has already been patented. It will provide an overview of what is already in existence. Furthermore, it will provide insight into what you can use for your new device or product.

The most important part of the project is to conduct thorough research. We can help you locate them and understand how they work. Our team is knowledgeable about the latest legal issues about intellectual property rights. We can recommend pertinent action items for any inventions or designs.

After performing our research, we produce a detailed report with all our findings. This becomes beneficial in determining which patent application you should file first. There is only one chance to protect your creation, so doing it right away is crucial if you want to have rights over your creation.

Defensive Publication

Our San Diego patent lawyer can help you file a defensive publication if you want to keep your invention private. The state-of-the-art search report will be used as evidence in court. This is particularly useful for any legal proceedings to protect your patent.

If the court deems that your device or idea is not yet public, you are operating under “Patent Pending” status. It will help if you put this on all your commercial products. By doing this, you can avoid being accused of patent infringement by other competitors.

This notice also helps deter potential infringers from taking advantage of you. In most cases, if they are aware that your design is still pending approval from the USPTO. Then they will not try to steal your because they might face patent charges.

San Diego Patent Law Legal Definition

A patent is a form of approval that allows the creator to have control over their creation for up to 20 years. The term “Patent Pending” has legal significance. This status shows that you have a claim over a product or brand.

This action prevents other people from making, producing, and selling your product. However, you only have rights over your product while the patent is in effect. Otherwise, other parties can reproduce your product.

The USPTO will review the claims and decide whether your product qualifies for protection. They will decide on whether other people can create and sell your product. Our San Diego Patent Attorney can help you understand your situation and file a patent.

Who Can Apply for a Patent?

Any inventor or creator can apply for a patent. However, your creation must fall into one or more of the following categories:

• Technology (including computer programs)
• Product (methods and processes)
• Composition of matter (chemical compositions such as pharmaceuticals)
• An improvement on earlier models of these types

Software and business methods do not qualify because copyright laws cover them. Our San Diego Patent Lawyer can explain to you if your creation falls under any of these criteria.

What Can Be Patented?

The USPTO will examine your design to decide if it is eligible for patent protection. They will decide whether it is unique, innovative, and feasible. It must not be similar to something that already exists. Furthermore, it cannot be an obvious idea that anyone could work out.

Apart from physical products such as equipment, vehicles, and instruments. Patents can also be granted for invented or discovered plants. However, it should meet one of the following criteria:

• It should be asexually reproduced;
• The species should be distinct and new;
• Cultivated sports;
• Mutants;
• Hybrids;
• Newly found seedlings; and
• When a plant is found in an unfamiliar area.

What Cannot Be Patented?

The following things cannot be patented under any circumstances:

• Naturally-occurring things such as laws of nature, theories, and mathematical formulas;
• Scientific principles;
• Scientific discoveries; and
• Elements found in the human body or discovered from substances produced by the body.

This does not mean that you can file a patent every time you discover that an apple falls. Scientific principles are not something new and unique. However, you can claim royalties if you happen to find a novel use for it with your invention.

For example, Isaac Newton’s gravity is unpatentable. However, Apple could successfully file a patent on their phone featuring improved gravity sensors.

How Long Does Patent Protection Last?

A patent usually lasts for up to 20 years from the date of application. During this term, you are free to sell your product without having to worry about any legal interruptions. However, you are not the only beneficiary of a patent. Anyone who sold or licensed it can also collect revenue during its duration.

The USPTO will propose an amendment if they find that your product is not eligible for protection. This may entail making changes or showing evidence to support your claim over the product. This process usually takes up to 18 months but can vary depending on how hard it is to prove your case.

Our patent attorney in San Diego can help you make appropriate changes and submit documents by the deadline set by the USPTO.

Patent Filing Process

The patent application process will vary according to your situation and what you want to protect. However, the following components typically make up a complete filing:

• A written document that describes everything about your invention and how it works;
• Structural drawings (optional);
• Claims (also called specification); and
• Prior art (existing patents, designs, and publications)

If all of these components are missing from your filing, then the USPTO might issue a ‘cease and desist’ or reject your claim. Our San Diego Patent Attorney can help you submit an appropriate patent. We can help you meet the standards established by the USPTO.

Your protection is always limited to the geographical areas where its jurisdiction can extend. For instance, a patent for a novel device that improves GPS tracking can stretch to all parts of the U.S. However, it may not have jurisdiction over Canada if they do not enforce patents from the U.S. in their courts.

Some countries will acknowledge and enforce your claim even when you are outside its boundaries. In this case, you need to file a separate patent application with them explicitly naming them as the prospective enforcing authority.

Our patent attorney in San Diego will provide you with all the support you need to get your application approved. We have years of formidable experience working with clients from various industries and backgrounds. We were able to help them apply for a patent for their inventions.

Why Should You Do a Patent Search?

Every year, the USPTO receives around 500,000 patent applications. From this number, they only issue rights to more than 140,000 applicants. Approximately 50% of these patents end up being challenged in court due to reasons such as:

• Patent infringement – someone used your patented product without your permission.
• Business sabotage – an ex-employee or competitor tries to damage your business by using different patent laws against you.
• Misrepresentation – the USPTO found technical inaccuracies in your application. For example, if you listed a private inventor instead of a public one.

This is why doing thorough research before applying for a patent is vital. The best way to do research is by hiring a professional who is well versed in patent law. At Alloy Patent Law, we can help you conduct in-depth patent research for your product.

Procedure for Patent Infringement

Patent infringement is when another person produces a patented product. These patent issues are usually handled in federal courts. An infringed product is essentially an illegally produced product. We listed the procedure for patent infringement below:

• Building a claim: It’s essential to build a solid claim to get a favorable result in your case. The court will review the patent description and the terms stated in your claim.
• Ensuring a valid patent: The court will identify if a specific patent is valid during this process. Otherwise, the court will dismiss the infringement.
• Infringement liability: If a patent is valid, the other party will be held liable for any damages. The court will assess the other person’s infringement liability, and they will have to fulfill this liability.
• Inflicted damages: The defendant will have to be accountable for any damages they inflicted. In most cases, a patent professional will handle the damage assessment.
• Enhanced damages: In some cases, where a person knowingly infringed a patented product. Then they are eligible for enhanced damages.
• Declaratory judgment: The court will decide if the acts committed by another party are a violation of patent law.

Federal courts usually handle patent disputes and other cases such as I.P. licensing. This is why hiring an experienced San Diego patent lawyer is vital when facing a patent trial.

Finding a Patent Attorney Near Me | Contact Alloy Patent Law for Your Intellectual Property Matters in San Diego, California

Hiring an expert patent lawyer is your best move when facing patent issues. Our experienced patent lawyer in San Diego has experience defending clients and processing patent applications with the Court of Appeals for the Ninth Circuit. It’s important that you have the rights to your innovation.

If you are experiencing similar issues, you should call us now! Our law office is ready to take your call at (206) 899-6980. You may also fill up our form here for a free consultation.