Oakland Patent Attorney

Oakland Community!

Identify, Protect, and Enforce Your Patent Rights!

Known for its thriving automobile industry, creative artists, and of course, its wonderful group of entrepreneurs/innovators, here in Oakland, CA, everyday is a day to learn and invent something new! It’s no wonder that it happens to be the homebase of the University of California school system.

Whether you’re a brand new startup or a business with a little more experience, here at

At Bold Patents Law Firm, we take the time to get to know our clients as we help them understand the patent process better.

So please, if you need help getting an invention patented and/or are not sure if your invention/idea is patentable, look no further than to a local Oakland Bold Patents patent attorney.

What Is a Patent?

A patent is one form of protection for intellectual property. Others include copyrights, trademarks, and trade secrets. These protections help inventors protect the ideas that they created. For an article to be patentable, it must meet these minimum requirements:

1. It is usable and does not only exist in theory.
2. There is a description of the article and how it can be made and used.
3. It is new and novel, not an existing invention or an alteration of an existing invention.
4. It is nonobvious to someone with knowledge in the relevant field.

These are the basic requirements set by the U.S. Patent and Trademark Office (USPTO), although different types of patents may have additional guidelines.

What Does a Patent Do?

If you are able to secure a patent for your invention, you have specific control over that invention. You have the right to prevent other parties from:

1. Making your invention
2. Using your invention
3. Selling your invention
4. Offering your invention for sale
5. Importing your invention into the U.S.

A patent does not grant you rights to sell, make, use, or import your invention. You can prevent others from doing so, but you are responsible for exercising those rights yourself. If another person or entity is infringing on your patent, you are responsible for filing legal action against them. The protections of a patent are only applicable in the U.S. and its territories.

Who Can Patent an Invention?

Usually, only you, the inventor, or the legal representative you designate can apply for a patent on the invention. There are some exceptions to this, including if the inventor:

• Is dead.
• Is legally incapacitated.
• Refuses to file for a patent.
• Can’t be found.

If two or more people create an invention together, they can file together as joint inventors. An inventor can also assign an invention to a person or party, and that person or party can file for a patent. This is common when an inventor is contractually obligated to assign their invention to their company, and the company then applies for the patent.

You do not become eligible to file a patent because you contributed money to the creation of the article. You can only be named an inventor or co-inventor if you are the inventor or were assigned the invention by the inventor. A non-inventor cannot apply for a patent if they were not assigned the invention.

Do You Need a Lawyer to Patent an Idea?

It is possible and allowed to file a patent by yourself, although it is not advised. Working with the right professionals can limit the time, stress, and money you spend on the process. Intellectual property and patent law can be complex, but patent lawyers have significant resources to make the process easier. An attorney can help you prepare your application, determine the right protection for your invention, and uphold the rights of your patent.

Errors or improper documentation in a patent application can result in additional fees and delays in the examination process. Working with an attorney can limit this, as a patent attorney knows the necessary information for an application. With an attorney’s assistant, you may be able to secure a patent faster than you would otherwise. Your patent attorney can also keep you up to date as your application moves through the examination process.

Patent Services at Bold Patents

When you are granted a patent, you are allowed control over the use, creation, and sale of what you created. At Bold Patents, we want to help entrepreneurs, from independent inventors to small business owners, protect their inventions. We bring unparalleled legal representation and advice in several areas, including:

• Patent Opinions: Bold Patents can review your idea and creation to determine if it is eligible for a patent under the USPTO definition. We can also review what type or types of patents it may be eligible for.
• Patent Applications: We can help you prepare, review, and file your patent applications. We know the USPTO requirements for specifications and documentation, so we can determine if your invention requires any unique information.
• Patent Infringement: If another party is infringing on your patent or you have been accused of infringing on a patent, our team can provide you with legal support.
• Other Intellectual Property: A patent may not be the right option to protect your invention. It may not be eligible, or your wishes for the invention may not be suited to patenting. The team at Bold Patents has knowledge of other forms of intellectual property protection, so they can inform you of your options.

How Much Does a Patent Lawyer Cost in the U.S.?

The cost of a patent lawyer will vary, as it depends on the specific attorney and the type of legal representation you need. Factors that influence the cost of a patent lawyer include:

1. Attorney Experience: The skill and past experience of an attorney often results in higher fees. When a case is charged hourly, this higher fee may be offset because a more skilled attorney is likely to resolve the case more quickly than a newer attorney. Be aware that an attorney having a high rate does not automatically mean that they have the necessary experience. Always check an attorney’s credentials and past success in their cases.
2. Fee Structure: Patent attorneys may charge an hourly rate or a flat fee. This typically relies on the type of legal representation needed and how much work the attorney expects the case will take. A simple case, like reviewing and filing an application, may be charged as a flat fee. Representation in USPTO proceedings or in legal action is more likely to be at an hourly rate.
3. Attorney Location: The specific policies of the firm and its location will also influence an attorney’s fees. Attorneys and firms located in larger cities are likely to have higher rates.
4. Case Complexity: If your case is anticipated to be more complex, such as a patent infringement action that is likely to go to court, you can expect higher rates. Another reason why a case may be considered more complex is if an attorney needs additional or specific resources to resolve it.

You should discuss attorney fees with a potential patent lawyer upfront.

World Class Patent Attorneys Serving Oakland, CA

Home of the University of California’s school system, and of course, its wonderful group of entrepreneurs, here at Oakland, CA, innovation is booming!

From its thriving automobile manufacturing industry to its rising group of creative, talented, artists, everyday in Oakland, CA is a day of learning and progress.

That is why we, the people of Oakland Bold Patents IP patent firm, are honored to be a part of this thriving community.

Whether you’re a new business just starting to learn about the patent process or a more experienced one in need of some extra assistance, here at Oakland Bold Patents patent firm, we take the time to get to know our clients and their needs as we help them understand how exactly patents in the area work. This way, you can focus more on making your invention the best that it can be rather than whether or not someone will steal your invention down the road.

So what are you waiting for? Contact Bold Patents today.

Bold Patents J.D. Houvener, Esq., MBA, P.E.

Principal Patent Attorney, Bold Patents