San Francisco Patent Attorney

Getting the Protection for Your Invention With Bold Patents

Bold Patents is an industry-leading patent law firm dedicated to empowering San Francisco’s vibrant community of inventors and businesses. We are fully attuned to the unique innovation landscape of the city, which ranges from biotech breakthroughs to pioneering software technologies. Whether you’re in Silicon Valley’s thriving tech scene, the burgeoning biotechnology sector, or any other innovative industry, Bold Patents offers comprehensive patent services tailored to your specific needs.

Our team comprises highly skilled patent attorneys with deep-seated knowledge and expertise across various sectors prominent in San Francisco. They possess the legal acumen and technical know-how to handle patent issues related to software, biotechnology, clean energy, and more. With a suite of services encompassing patent drafting and prosecution, portfolio management, licensing and transactions, and infringement services, Bold Patents stands ready to secure your intellectual property rights in the city that is the heart of innovation. Our commitment to each client and our understanding of San Francisco’s diverse industries make us more than a service provider; we are a trusted partner in your innovation journey.

What Patent Is Right for You?

Patents are provided by the U.S. Patent and Trademark Office (USPTO), allowing an inventor the right to keep others from using, creating, or profiting off their invention. There are different types of patents available through the USPTO, and each provides different protection. These types are:

1. Utility Patents: This patent protects the use and function of an article or how it works. This is the most commonly issued patent type. Utility patents cover newly created inventions and improvements to existing inventions. These inventions include machines, processes, compositions of matter, and items of manufacture. A utility patent provides protection for up to 20 years.
2. Design Patents: These patents cover the appearance or ornamentally applied design of an article, not its function. Any innovative and ornamental design of an article may be qualified for a design patent. These patents protect an invention for up to 15 years.
3. Plant Patents: A plant patent protects a new plant variety that has been invented, discovered, or asexually reproduced. The patent also covers the components created by the plant, such as fruits and flowers. These patents provide up to 20 years of protection.

An invention is generally only able to secure one of these patent types, although there are inventions that can qualify for multiple types. In those situations, an inventor can determine which variety better protects their interests or file for multiple patents. An invention could be protected by both a design and a utility patent, enabling an inventor to protect the appearance and function of their invention.

How Do You File a Patent in San Francisco?

A patent application is filed with the USPTO. Some steps to consider before and while filing this application include:

1. Ensure that the article is patentable by both the patent definition and by patent type.
2. Conduct a patent search to determine if it would infringe on other patents.
3. Document and create the specifications of your article.
4. Draft the application with the right forms, documentation, and description.
5. File the application and pay the filing fees.
6. Track the application through the examination process.

An attorney can help with these steps and make them less stressful.

What Does It Cost to Get an Idea Patented in San Francisco?

There are many fees through the USPTO. These include fees to conduct a patent search, file an application, and have a patent issued. If you qualify for a small entity or micro entity status, there are lower fees. This is partially to help individual inventors and the owners of small businesses have an easier route to securing a patent. Each type of patent also has unique fees.

Before applying for a patent, it’s important to conduct a patent search. This ensures that your invention would not infringe on other patents that exist. The USPTO patent search fees are:

• $700 for a utility patent search, $280 for small entities, and $140 for micro entities
• $160 for a design patent or a design CPA (Continued Prosecution Application) patent, $64 for small entities, and $32 for micro entities
• $440 for a plant patent search, $176 for small entities, and $88 for micro entities

Once a patent search has been conducted, you can file an application for your invention if you still qualify. The basic USPTO filing fees are:

• $320 for a utility patent application, $128 for small entities, and $64 for micro entities
• $64 for a utility patent application filed electronically by small entities

• $220 for plant patent, design patent, and design CPA patent applications, $88 for small entities, and $44 for micro entities

You may see additional fees during the filing process if you file certain parts of the application late, there are additional claims over 20, or there are file sizes over 100 sheets. Failing to file in English or not in the correct file format can also result in surcharges.

There is also a fee for the examination of the patent. These are:

• $800 to examine a utility patent, $320 for small entities, and $160 for micro entities
• $640 to examine a design or design CPA patent, $256 for small entities, and $128 for micro entities
• $660 to examine a plant patent, $264 for small entities, and $132 for micro entities

If the patent is granted, you then pay a fee to have it issued. These USPTO fees are:

• $1,200 to issue a utility patent, $480 for small entities, and $240 for micro entities
• $740 to issue a design patent, $296 for small entities, and $148 for micro entities
• $840 to issue a plant patent, $336 for small entities, and $168 for micro entities

Other fees during the USPTO examination process and while holding a patent include maintenance fees, processing fees, examination fees, reexamination fees, and others. An attorney can help you know what to expect from the process, and they can avoid the fees you may incur from mistakes in your application.

Patent Search and Analysis Services

In San Francisco, Bold Patents offers exhaustive patent search and analysis services, a crucial first step in the patenting process. Leveraging a team of experienced attorneys and industry-specific experts, we conduct comprehensive prior art searches and provide insightful patentability analyses. Our nuanced understanding of the diverse San Francisco industries, such as biotech and software technology, enables us to assess the novelty and nonobviousness of your invention effectively. Through these meticulous services, we strive to mitigate risks of future infringement and set a robust foundation for a successful patent application.

Patent Drafting and Prosecution

Bold Patents provides specialized patent drafting and prosecution services in San Francisco, ensuring your intellectual property rights are solidly represented. Our team, composed of skilled attorneys with deep sector-specific expertise, excels at preparing comprehensive and technically sound patent applications. We meticulously manage the prosecution process, effectively communicating with the United States Patent and Trademark Office to address any objections and amendments. With a keen understanding of the dynamic industries prevalent in San Francisco, such as biotech and software, we craft robust patent applications that optimally protect your innovations.

Navigating the complex landscape of patent drafting and prosecution requires a clear understanding of various application types and processes. Our specialized services include:

• Design Patent Applications: Bold Patents specializes in meticulously crafting design patent applications that capture and protect the unique ornamental aspects of your product. Our experienced team ensures that the illustrations and descriptions meet all legal standards. We guide you through the entire prosecution process, ensuring your design is adequately differentiated from prior art.
• Utility Patent Applications: We are adept at drafting comprehensive utility patent applications that encapsulate the functional and innovative facets of your invention. Our attorneys are skilled at formulating claims that provide broad yet enforceable protection. Throughout prosecution, we focus on positioning your invention distinctly from prior art, ensuring its functional novelty is clearly recognized.
• Provisional Patent Applications: Our services for provisional patent applications include thorough documentation of your invention to establish a robust early filing date. While these applications set the foundation, our team ensures the groundwork is laid for a smooth transition to a non-provisional application, navigating you through the initial stages of the patenting journey.
• Non-Provisional Patent Applications: Bold Patents excels in drafting detailed non-provisional patent applications, initiating the formal examination process for your invention. With a well-structured claim set and comprehensive descriptions, we optimize the chances of securing patent rights for our clients. Our attorneys guide clients through the intricate prosecution process, from initial filing to eventual grant.
• International Patent Applications: For inventors seeking global protection, our firm offers expert guidance on international patent applications under the Patent Cooperation Treaty (PCT). We ensure your application meets diverse international standards and assist throughout the preliminary examination phase. Once in the national phase, we coordinate with foreign associates to ensure a seamless patenting experience in desired countries.
• Office Action Responses: Receiving an office action can be daunting, but our team is well-equipped to respond with precision and strategy. We meticulously address each concern raised by the patent examiner, amending claims when necessary and crafting compelling arguments to advance your application. Trust our expertise to navigate these challenges and move closer to securing your patent rights.

Patent Portfolio Management

At Bold Patents, we understand the vital role that an effectively managed patent portfolio plays in a company’s overall business strategy, particularly in the innovation-centric landscape of San Francisco. Our expert team provides comprehensive patent portfolio management services, assisting clients in aligning their intellectual property assets with their business goals. By continuously monitoring patent maintenance deadlines, analyzing portfolio strength, and identifying opportunities for expansion, we help our clients maximize the value of their intellectual property. Our nuanced understanding of San Francisco’s diverse industries, from biotech to tech startups, equips us to provide tailored patent portfolio strategies that propel business growth.

Patent Licensing and Transactions

Bold Patents in San Francisco offers specialized patent licensing and transaction services to protect and maximize the value of your intellectual property. Whether you’re seeking to license your patent, engage in a patent sale, or negotiate other types of patent agreements, our seasoned attorneys are adept at crafting and reviewing contracts that safeguard your interests. With a deep understanding of San Francisco’s diverse industries, we provide strategic guidance tailored to your specific sector, whether it’s biotech, software technology, or beyond. Through our services, we aim to help you leverage your patents to foster business growth and innovation.

Patent Infringement Services

In San Francisco, Bold Patents provides expert patent infringement services, offering guidance and legal representation to clients dealing with potential patent disputes. Our team of seasoned patent attorneys utilizes their deep industry-specific knowledge to navigate the intricacies of patent pre-litigation. Whether you’re facing potential allegations or need to protect your rights against infringement, Bold Patents stands ready to provide the necessary legal support and representation. We offer three different types of opinions on infringement, depending on your unique circumstances:

• Freedom to Operate: A Freedom to Operate (FTO) opinion involves a comprehensive review of existing patents in a specific field to evaluate if a new product, process, or service can be launched without infringing on these existing patents. At Bold Patents, our expert attorneys utilize their extensive knowledge and experience to conduct thorough FTO analyses, helping our clients to confidently proceed with their innovations in a legally secure manner.
• Evidence of Use: An evidence of Use (EOU) analysis is a critical tool used to demonstrate how a specific product or service may be infringing upon a client’s patent. By meticulously mapping the features of a potentially infringing product against the claims of a patent, our attorneys at Bold Patents create detailed EOU charts, providing tangible evidence that can be pivotal in patent infringement disputes.
• Full Infringement Reviews: Full infringement reviews provide a comprehensive assessment of potential patent infringement scenarios. These reviews involve an in-depth examination of your patents and potentially infringing products or services, identifying the degree of overlap and potential infringement. At Bold Patents, our seasoned attorneys draw upon their deep technical and legal expertise to perform these reviews, giving clients a clear understanding of their position and the best strategic path forward.

Why Should I Hire a Patent Attorney?

If you want to file for a patent, it is highly recommended that you hire a patent attorney. Patent attorneys are licensed to provide legal advice and representation related to patents, and they possess general knowledge about intellectual property. These attorneys also have significant resources to conduct patent searches and determine if a creation like yours exists in public records. Intellectual property law can be complex and frustrating, but an attorney can make it easier.

There are many requirements to file a USPTO patent application, and errors can result in fees and delays in the examination process. An attorney could avoid these delays and costs by ensuring that your application is comprehensive and complete before it is submitted. An attorney can also follow the progress of the application, helping you respond quickly to any issues.

You can talk with an attorney about your goals for your invention as a small business owner or independent inventor, and they can help you meet those goals. A patent is not the only option to protect your intellectual property; other options, like copyrights or trademarks, could be applicable and provide you with the rights to your invention that you want.

Choosing a San Francisco Patent Attorney

At Bold Patents, we are committed to providing superior patent services in San Francisco, guiding you every step of the way on your journey of innovation. Our knowledgeable team is prepared to help you navigate the intricate landscape of patent law, offering tailored strategies to safeguard and leverage your intellectual property. Whether you’re seeking patent protection, need assistance managing your portfolio, or navigating patent disputes, we are here to support you. Reach out to Bold Patents today and let us transform your brilliant ideas into secure assets that drive your business forward.

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

Principal Patent Attorney, Bold Patents