San Diego Patent Attorney

San Diego Community!

Identify, Protect, and Enforce Your Patent Rights!

Often dubbed, “America’s Finest City”, San Diego is home to many large corporations and innovative industries such as telecommunications company Qualcomm, major biotech companies, and so on.

We understand the difficulties of growing your ideas and business in such a competitive market such as San Diego. An innovative creation can make all the difference to small businesses and individual entrepreneurs in these markets.

That is why we exist; to help our clients through the legal processes of intellectual property.

At Bold Patents, we are there to help you every step of the way, from patentability opinions to protecting your patent down the road. We believe in supporting entrepreneurs in their patent journey, helping you meet your short-term and long-term business goals.

Navigating the complex legal arena should not be something you as the inventor have to deal with on top of growing your idea and starting a business. We provide you with essential legal support so you can focus on what is most important to you. After you’ve created a bold idea, you need bold representation.

Understanding Patent Basics

A patent provides an inventor with the right to prevent other parties from creating, selling, using, or importing their invention. These powers only extend to within the U.S., and an inventor has the responsibility to take legal action against an infringement on their patent rights.

There are three types of patents: a utility patent, a design patent, and a plant patent. Each type of patent can cover a different type or aspect of an invention. All types of patents must meet the minimum following requirements, according to the U.S. Patent and Trademark Office (USPTO):

1. The invention can be used; it isn’t only theoretical.
2. There is a description of how to create and use the invention.
3. It is a new invention, not something that has already been invented or patented.
4. The invention is not an obvious creation or an obvious alteration to a creation, based on the knowledge of those who are skilled in the relevant field.

The unique patent types may have their own requirements for eligibility.

USPTO Patent Types

The most common type of patent issued by the USPTO is a utility patent. Utility patents give an inventor the right to protect the use of an article or how the article works. A utility patent covers the invention of, or the improvement of, one of the following:

• Process
• Machine
• Composition of matter
• Article of manufacture

A utility patent must also cover an invention or improvement of something useful. If granted, a utility patent can last up to 20 years.

While utility patents protect a function of an article, design patents protect the appearance or form of an article. Design patents protect an inventive and ornamental design of an article of manufacture. It may cover the shape of the article, the ornamentation put onto the article, or both. These patents can last for up to 15 years.

Plant patents apply to the cultivation, discovery, or asexual reproduction of a new plant variety. These patents last for up to 20 years. Plant patents provide the additional right for the patent holder to prevent others from engaging in the use, sale, or creation of any of the components of the plant variety, such as the fruit or flower made by the plant.

Are There Things You Can’t Patent?

The USPTO has limitations on what can be patented. You are not able to patent abstract ideas or suggestions. You cannot patent existing laws of nature or physical and natural phenomena. The USPTO also does not allow patents of nuclear material or atomic weapon-powering atomic energy.

How Do You Patent an Idea in San Diego?

An application for a patent is filed with the USPTO. To successfully file this application, you should consider following some of these steps:

1. Document your invention, including writing specifications of the function, use, and unique aspects of the invention. Make drawings, a prototype, a rending, or another catalog of the invention.
2. Review your invention’s eligibility for a patent, and conduct a patent search. The invention should meet the basic definition of a patentable article and the requirements for the specific type of patent you are applying for. It must also not infringe on any existing patents.
3. File your application, along with the necessary documentation and filing fees. Filing fees rely on the size of your business and the type of patent you are applying for. You can then follow the application in the USPTO examination process.

Do You Need a Lawyer to Patent an Idea?

You are allowed to file for a patent without a lawyer, but working with legal support and other professionals is highly advised. A patent attorney has filed patent applications before, and they are aware of any recent changes to laws and requirements. They can help review, draft, and file your application with all the necessary information.

By working with an attorney, you are less likely to see delays in the USPTO examination process. Any errors or failure to include relevant information could delay the process and even cost you. An attorney can avoid these mistakes.

The process is also less stressful with an attorney. You likely have a lot to manage in your daily life, so you might not have the time to fully review and understand patent law. Your attorney can handle it for you. They can answer your questions and provide you with the information you need to make informed decisions about your invention.

An attorney can also help you decide if a patent is the right route to protect your creation. Other intellectual property protections, like trademarks or copyrights, could provide you with protection that better meets your business goals.

What Is the Difference Between a Patent Attorney and an Intellectual Property Attorney?

The main difference between a patent attorney and an intellectual property attorney is the scope of their knowledge and the areas they are licensed.

An intellectual property attorney has broad knowledge of intellectual property law, which includes patents, trademarks, trade secrets, and copyrights. A patent attorney works specifically in patents, so they may only have some broad knowledge about other forms of intellectual property law. Patent attorneys are licensed with the USPTO, while intellectual property attorneys generally are not.

What Is the Difference Between a Patent Agent and a Patent Attorney?

A patent agent is not an attorney, so they are not licensed to provide legal advice or legal representation. A patent agent is generally qualified to give representation in USPTO proceedings and provide inventors with support. A patent attorney is licensed to practice law, and they can provide the services that a patent agent does, along with legal advice and in-court representation.

World Class Patent Attorneys Serving San Diego, CA

Home of the University of California and the Scripps Research Institution, San Diego, CA, is one of the ultimate places to go to in order to get your invention patented and change the world for the greater good.

No matter what kind of invention it is that you hope to get patented, here in this Californian innovation tech hub, we, the people of San Diego Bold Patents patent firm, would be more than happy to take a look at your invention to see whether or not it can be patented. We would also be more than happy to take the time to get to know a little more about you and your business as well.

So please, regardless of who you are or what your level of expertise may be, know that a local San Diego Bold Patents patent attorney is here to help you understand how patents in San Diego work.

So what are you waiting for? Contact Bold Patents today to learn how we can help.

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

Principal Patent Attorney, Bold Patents