Oakland Patent Lawyers

Oakland Community: Identify, Protect, and Enforce Your Patent Rights and Hire a Patent Lawyer

Whether you’re a brand-new startup or a business with a little more experience, here at Bold Patents law firm, we take the time to get to know our clients as we help them understand the patent process better. With decades of legal experience and many successful patents in key industries like transportation, logistics, and green energy, we have the right experience to help you protect your intellectual property in Oakland.

If you need help getting an invention patented or are not sure if your invention or idea is patentable, look no further than 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 innovators protect the ideas that they created. For an invention 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 non-obvious to someone with knowledge in the relevant field.

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

The USPTO has a current patent inventory of nearly 1.25 million, and it takes an average of 32.1 months for a final response. This is why it’s crucial to act quickly.

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 United States

A patent does not grant you any exclusive 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 United States 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.

Important Deadlines for Patent Protection

When you are an inventor, it is important to be aware of the deadlines that exist for patent protection and how disclosing your invention can create a deadline. When you publicly disclose an invention, it may prevent you from securing patent protection. Accidental public disclosure can happen in many ways, such as:

• Pitch decks
• Theses
• Crowdfunding events
• Offers for sales
• Conferences
• A demo day

In the United States, there is a one-year grace period before your filing date. This means that if you or someone else publicly discloses an invention similar to yours, you can still file for patent protection within a year of that disclosure. As long as you file within the deadline, the public disclosure is not considered prior art that prevents patentability of the invention. This grace period is much shorter in international jurisdiction, often with a grace period of six months.

Additionally, patent protection is available to whoever files first. Because of this requirement, it is often better to avoid public disclosure entirely and talk with legal counsel about safe disclosure and filing for a patent.

Do You Need a Lawyer to Patent an Idea?

You are allowed to file a patent by yourself, although it is not advised. When you hire a patent lawyer, they 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 assistance, 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 pre-litigation legal support and connect you with our network of patent litigators.
• 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 United States?

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 result 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 like Oakland 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.

Find Your Industry’s Patent Requirements

It’s important to get targeted patent guidance for your specific industry. Find your industry below to discover specialized patent requirements, strategic approaches, and how our attorneys can transform your ideas into protected intellectual property and assets.

Aerospace	Electronic Devices
Agriculture	Fitness
Algorithms	Gaming
Architecture and Construction	Hardware Design
Artificial Intelligence (AI)	Medical Devices
Business Methods	Smart Home Technology
Cleantech and Green Tech	Software
Computer Hardware	Robotics
Consumer Products	Wearable Tech
Transportation & Logistics	Nanotechnology
3D Printing/Additive Manufacturing	Cybersecurity
Telecommunications	Blockchain
Cleantech and Green Tech

FAQs

How Much Does It Cost to Work With a Patent Lawyer?

The cost of working with a patent lawyer depends on the lawyer, their fee structure, their experience, and how complex your invention is. A more technical invention is more likely to need more resources to document and assess patentability. This takes time and can cost more, especially when an attorney charges an hourly rate. When you have an initial consultation with a patent lawyer, always ask about their fees for your specific case.

How Much Does a Patent Infringement Defense Case Cost in California?

The cost of a patent infringement defense case in California depends on what actions you take to stop infringement and the type of professional you work with to make this happen. A patent pre-litigation infringement attorney can be costly, but can also be effective at protecting your rights before the expensive step of litigation. An attorney can help you review less costly options like a cease-and-desist letter or demanding financial damages.

What Percentage of Patent Cases Settle?

A significant portion of patent infringement cases settle prior to litigation, but each case is unique. It is often beneficial to settle before going to court for all parties, and there are several steps before litigation that allow patent holders to stop infringement at less cost.

Negotiation for damages is one option other than litigation, and when you work with a pre-litigation patent attorney, they can help you find a beneficial resolution through negotiation or connect you with patent litigators.

How Much Does a Patent Cost in Oakland?

The cost of a patent in Oakland depends on the type of patent and whether you can qualify for a reduced fee. There are many costs, including application filing fees, examination fees, patent search fees, and issue fees. The filing fees for a plant patent range from $48 to $240. For a design patent, costs range from $60 to $300. A utility patent, the most common patent type, can cost between $70 and $350.

World Class Patent Attorneys Serving Oakland, CA

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

That is why we, the team at 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 business in need of some extra assistance, Oakland Bold Patents can help. 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. 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.

Who Is Bold Patents Law Firm?

Our clients are inventors, entrepreneurs, and scientists who are pushing the limits, doing what hasn’t been done before, and taking risks in the spirit of progress and positive change. We now serve clients nationwide to enable visionaries with top-quality patents to dominate the competition in the market.

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Bold Patents Law Firm

A, 505 14th St #900, Oakland, CA 94612, United States