Nationwide Patent Attorneys
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“No one’s last name is “Bold” at Bold IP. We’re a law firm that believes in breaking barriers, and putting our clients first, because they are the Bold ones, they are the ones taking the risk.
When starting a business, it is paramount to be risk averse ensuring that you hedge your bets and only invest as needed.
Bold IP’s team of business-minded patent attorneys and lawyers double as United States’ trusted patent consultants and work one on one with inventors to help them fully understand the patent process, determine their goals, and think strategically about how technology can be leveraged to turn their idea into reality.
It is so easy to get lost in the technical details of invention and improvement and forget to take a step back and evaluate the market readiness for certain products or services.
It’s the powerful combination of patentability and marketability that makes for a truly successful invention.
Patentability Search
- Takes 4-6 Weeks
- Answer on Patentability/Scope
- Recommended Path Forward
Initial Consultation
- Eligibility Issues
- Discuss Opportunities
- Inventorship/Ownership
- Long-Term Business Goals
Provisional Patent Application
- Takes 6-8 Weeks
- “Patent Pending” Status
- Develop Enabling Disclosure
- Specification & Drawings
Non-Provisional Patent Application
- Takes 8-10 Weeks
- Update Specification/Drawings
- Draft Claim Language
- Formal Submittal to USPTO
Note: Submittal of the Non-Provisional Patent Application “C” must be done within 1 year of submittal of the Provisional Patent Application “B” date to secure the early Provisional Priority Date.
A patent can give your business a jump start on your competition. A patent attorney from Bold Patents can explain the costs and benefits of obtaining a patent. Our lawyers can then walk you through the process of obtaining that patent. Armed with knowledge, you can make an informed decision about whether you should file a patent application.
Once the patent application is filed, Bold Patents can provide legal support, including things like a patentability, and provide guidance though all of the necessary steps to obtain a U.S. patent.
Some of the services that our patent attorneys provide include:
Inventions must meet specific statutory criteria to be patentable. These criteria include:
- It must relate to an eligible subject matter under 35 U.S.C. § 101
- It must be shown to be useful under 35 U.S.C. § 101
- It must be shown to be novel under 35 U.S.C. § 102
- It must be shown to be non-obvious under 35 U.S.C. § 103
We perform prior art searches through U.S. and international patents and publications and provide our clients with a realistic assessment of whether their inventions are patentable or not.
Lastly, a legal opinion is delivered, which provides a clear answer as to whether a patent should be filed or not.
A patent application includes three main sections:
- Drawings
- Written specifications
- Claims
To write a provisional or regular patent application, a patent lawyer must understand the features that distinguish the invention from any prior art. The lawyer must then explain these features in the patent application specification and drawings so that a patent examiner will appreciate the differences.
Finally, the lawyer must write claims that set out the boundaries of the invention and identify the elements that cannot be used by competitors.
Once a patent application is filed, a patent attorney must shepherd the application through the U.S. Patent Office. In most cases, a patent application will receive at least one office action rejecting or objecting to the application. This is a normal part of patent prosecution and allows our lawyers to work with the patent examiner to focus on the patentable features of the invention.
If the examiner persists in the rejection, our firm can:
- Make amendments and/or provide legal arguments to overcome the rejections.
- Appeal the rejection
- Add new material and re-file the application
- Request further examination of the application
If our lawyers persuade the examiner to agree to the patentability of the invention, the patent will be issued.
Nations and regional unions administer independent patent systems. Although the U.S. is a member of international patent treaties, inventors need to file separate patent applications for each nation in which patent protection is sought.
We can coordinate with local law firms and regional unions in these countries to file patent applications and secure exclusive rights.
Under patent licensing, you grant permission to a licensee to make, use, sell, offer to sell, and/or import your patented invention. In exchange, the licensee pays you license fees (also known as royalties).
Our firm can introduce you to our key patent licensing referral partners once you have reached at least patent pending status.
If your invention achieves success, copyists will most likely begin to emerge. If these copyists appropriate the patented features of your invention, they infringe upon your patent.
Patent litigation is one of the most complicated forms of litigation. It combines an area of law that is unfamiliar to most judges and jurors with cutting-edge science and engineering. As a result, most civil litigators cannot successfully litigate patent infringement.
Our firm will refer clients to the right patent litigation firm and support our clients by providing claim charts and key opinions on infringement and validity, which are the main points that are argued in federal court patent litigation.
Patents are property. They provide the patent owner with the exclusive right to exploit the invention. If another person or business makes, uses, sells, offers to sell, or imports the patented invention, your issued patent can be used to fight back.
Reasons to Hire Bold Patents for Patent Attorney Services
Even though the patent office allows inventors to file applications pro se (without legal representation), they strongly advise against doing so.
A patent lawyer must have qualifications that most lawyers — and most inventors — simply do not have. They must have a law degree and an engineering or science degree. They must also pass the Patent Bar examination.
As a result of this training, our lawyers have special knowledge of patent law and training in the ways to navigate the Patent Office’s procedures. This provides major benefits to you when you partner with the team at Bold Patents for patent law services.
Our attorneys provide high-quality legal advice and act as trusted patent consultants to our clients. We work one-on-one with inventors and entrepreneurs to help them to fully understand the steps to secure their IP.
Throughout the process, we help inventors and entrepreneurs to realize their business goals. IP assets require an investment and IP owners should expect a return on that investment by monetizing their IP.
We are truly invested in our clients and their success. Our dedicated team of attorneys, patent agents, paralegals, and staff members maintain direct communication with each client throughout the entire patent and trademark process.
At Bold Patents, our firm provides free valuable resources to our clients to help them understand how to protect their visionary ideas in the marketplace. To learn more about our free resources or to schedule a free Discovery Call, contact us.
What is a patent?
A patent is the core legal protection for inventors and their inventions. The purpose of this protection is to provide an inventor with the necessary time and space to make, use and sell his or her invention without the threat of competition. In essence, it is the right to exclude others, for a specified time period, from simultaneously building, using or selling that particular invention in the marketplace.
Reference:
Book: The Inventor’s Guide to Patents, Chapter 1 for more details. (click to grab a free copy)
Blog: What is a Patent? How Can it Help Me? (The Ultimate 2019 Guide!)
Video: What is a Patent? Everything you need to know.
Why should I obtain a patent?
A patent gives the inventor the right to stop others from making, using, selling or importing the patented goods or services without permission of the patent holder; allowing you to retain exclusive commercial rights, which is a big deal for when you look to monetize your invention. Additionally, there is the altruistic reasoning for patents, and that is as a contribution to the world at large, participating in the advance of technology as a whole.
Reference:
- Book: The Inventor’s Guide to Patents, Chapter 2 for more details. (click to grab a free copy)
- Blog: Top 3 Advantages of Patents (Wait! 20-years of protection?)
- Video: Should you get a patent? Top 3 advantages and disadvantages.
What qualifies for a patent? Am I eligible?
According to the patent statute “Any person who invents or discovers any new and useful process, machine manufacture, composition of matter or any new and useful improvement thereof, may obtain a patent.” This gives us the four main categories of patents.
- Process: A set or series of acts, in a certain order and sequence.
- Machine: The apparatus itself. The sum of various physical parts that carry out a process.
- Manufacture: An assembly or system of apparatuses.
- Composition of Matter: The combination and mixing of substances that form a chemical union, and changing them at the atomic level.
Reference:
- Book: The Inventor’s Guide to Patents, Chapter 3 for more details. (click to grab free copy)
- Blog: Is My Idea Patentable? Definitive Guide! (The #1 Question to Ask…)
- Video: Can I patent my idea? Is my idea patentable? (Everything you need to know)
What is a patentability search?
For a client that wants to know what patents or publications (known as prior art) are already out in the public. This helps answer the basic question of novelty: “Is my invention or improvement really new?”
A patentability search is a vital part of any IP strategy. Patent searches can help you refine your invention, complete a successful patent application, and fully protect your intellectual property. And, a professional and comprehensive patent search can help you avoid unnecessary expenses and delays. Learn more about patent searches below.
Reference:
- Bold Ideas: The Inventor’s Guide to Patents, Chapter 8 for more details. (click to grab free copy)
- Blog: How to do a Patent Search in 6 Steps (The Definite Guide)
- Blog: Advanced Guide to Google Patent Search (w/ Patent Attorney Secret Tips)
- Video: How to do a patent search. In-Depth Patent Search Tutorial (Free resources included)
What is Provisional vs. Non-Provisional?
A Provisional Patent Application serves to establish a foothold, it is a less formal cursory patent, that once accepted by the USPTO gives you one year to test, build and refine the description and claims of your Non-Provisional application.
A Non-Provisional Patent Application requires a much more in-depth and clearly defined summary of your invention, including technical drawings, Full Claims, description and more.
Reference:
- Book: The Inventor’s Guide to Patents, Chapter 14 for more details. (click to grab free copy)
- Blog: Difference Between a Non-Provisional & Provisional Patent Application
- Video: Provisional vs. Non-Provisional (The Differences You Need to Know)
What types of patents are there?
The three major types of Patents available are:
Utility: Structure, operation or composition of a machine, product or process. This covers the function of the invention.
- Blog: Ultimate Utility Patent Guide.
- Video: How to get a patent for an idea. (All the basics covered)
Design: The Non-functional aspect of your creation, protecting the physical appearance and design.
- Blog: How to Patent a Design in 10 Easy Steps (by a USPTO attorney)
- Video: How to file a design patent. The ultimate video guide.
Plant: A patent awarded for the invention or discovery of an asexually reproduced variety of plant, requiring the creation to be reproducible in a lab setting without the aid of mother nature.
Why work with Bold Patents?
Bold Patents prides itself on being one of the leading patent firms in the country. We specialize in patents and providing business advice.
- 1-1 Counseling: Knowledgeable, licensed, registered patent attorneys communicating with you directly throughout the process.
- Geographically Diverse: With our virtual network of Attorneys, we have a physical presence and foundation in most major cities across the country.
- Unmatched Convenience: Instead of driving downtown and making you wait in large Handle the whole process from home
- Transparent Pricing: With our flat-rates and clear fee schedules, there is no guessing or surprise monthly bills
- Lean Patent Service: We’re lean and mean. Our patent attorneys are all industry-experienced and have the scientific training to get to know you and your invention quickly and efficiently.
- Broad Bold Network: We rely on our internal team for most everything, but when special situations arise, we have a broad network of contract and of counsel attorneys to help our clients with anything.
Let’s have a conversation! Click here to book a free consultation today!
Do you really understand my technology?
- Not Yet: We have a very comprehensive invention disclosure process that will allow any inventor to fully disclose their invention such that any of our attorneys can fully grasp the inventive concept behind the invention.
- Value of NOT Knowing: We know the law, that’s our job. There comes a vast array of values that come from working with a Patent Professional. One of those is having a technical writer that does not know your particular invention yet. This will benefit you because we will not overlook any detail, or assume anything about your invention (which someone in your field might).
- Technical Attorneys: Each of our USPTO registered Patent Attorneys has at least a Bachelor’s, Master’s or PhD in a STEM or Science field, has passed a rigorous Patent Exam and gone to Law School as well as passed a State Bar. This background of intensive learning, both technical and analytical, will no doubt be of great help to understanding your invention fully
- Sometimes Better than You: Yes, I said it. We probably know more about your invention than you do. It’s part of our training actually, and it’s a wonderful thing for you. As you will see – in our process, our Attorneys will actually help you broaden your scope of invention to include other applications that you might not have even considered when you first disclose your first version of your invention.
- Research is Included: Because it’s our job to fully articulate and properly claim your invention – some technical research may be necessary. However, you will not be charged any additional fees for this research – it’s part of the job!
Resource:
- Blog: 10 Tips for Inventors: Meeting with a Patent Attorney
- Blog: 10 Things to Look for in a Software Patent Attorney (Everything You Need to Know)
Will I get an ROI for my money invested in this patent process?
- It’s up to You: Patents are a very valuable asset to any company. However, you need to be able to find a market need in order to monetize them. We provide you with the legal tools enabling you to be successful. Ultimately, you are responsible for marketing your invention. We recommend doing a patentability search with us before filing an application to determine the likelihood of your invention receiving a patent
- And then some. You’ll find that through the invention process, it will open up your eyes to a multitude of innovation spin-offs that stem from one core technology. You want to get a patent not only for the immediate technology you’ve developed, but also to secure your place in emerging markets related to that technology.
- Liability Avoidance: Going through the patent search process, will enlighten you to a landscape of enforceable patents that others own, and will guide your path into the market to avoid infringing someone else’s rights
- Money, Money, Money: Patents bring most of their financial benefit by preventing competition (for a limited time). This means that you are the only one able to make, use, sell or import your invention into the US. Patents can also be transfered, like any other piece of real or tangible property in order to reap a license royalty or through a lump-sum sale.
Resources:
Do I really get protection from a patent?
- Absolutely: You get protection in the sense you have a right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.
- Preventing Infringement: US Patent Laws enable rights holders to prevent those infringing activities AND collect a reasonable royalty OR your lost profits from the infringement
- Exclusivity for Improvements: You can continue to develop your technology and make improvements within the claimed scope of the patent while others would need to license it from you.
Reference:
- Book: The Inventor’s Guide to Patents, Chapter 2 for more details. (click to grab a free copy)
- Blog: Top 3 Advantages of Patents (Wait! 20-years of protection?)
- Video: Should you get a patent? Top 3 advantages and disadvantages.
Why can’t I just license my product without patents?
- Without a Patent, there’s nothing to license: The idea of “licensing” is providing to one or more party some subset of your rights you own; without havnig documented IP ownership, there is essentially nothing to license.
- Know when to Patent: If your invention, once sold on the open market, can be reverse engineered, you need a patent if you want to continue to monetize it. Otherwise, disclosing your invention for manufacturing without a patent could lead to it passing into the public domain. Then you would have no intellectual property rights to your product!
- Beware of Sharks: There are many invention brokering companies that will tell you “you don’t need a patent” to do a deal…but be VERY wary of these organizations. Without a patent, there is NOTHING keeping Kevin O’Leary from stealing your product and selling it without your permission – not so “wonderful” is it?
- Protection Outside of Patents: Don’t worry if your product isn’t patent eligible, we might be able to secure intellectual property protection under copyright or trademark.
Resources:
Why shouldn’t I just do this on my own?
- Cringeworthy Disclaimers: Inexpensive Legal Provider disclaimer: “Inexpensive Legal Provider is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
- Not for your “Baby”: There may be a time for using bargain legal services, but protecting your intellectual property is not one of them. A subpar/unskilled drafted patent application likely claims less protection than a properly drafted patent from a patent attorney
- Patent Attorneys, not merely Agents: Many low-budget patent operations are comprised of Patent Agents (those technical writers that do not have law degrees). Without law degrees, an understanding of recent case law and how patents should be crafted to broaden scopes and avoid rejection/issues down the road is invaluable.
- We are specially trained professionals who focus on securing intellectual property protection for our clients and supporting their business needs.
- We know the law – recent cases, decisions, and latest updates on how examiners will review claims
- We know the lingo of the examiners at the Patent and Trademark Office.
- We know legal nuances and rule exceptions that can get a difficult/complicated/ patent application approved and issued.
(6 Step Tutorial with FREE Resources)