Kenneth Avila, Esq. - Patents, Trademarks, and Business Law
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Interested in a patent?  Contact me between 11/12 to 11/16 to schedule a free consult on patents.

11/11/2017

1 Comment

 
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Do you have a new idea but don't know how to best protect it?  Do you know the importance of the dates when you first show your invention to the public or file a provisional patent?  Do you know what requirements are to be satisfied before the patent office will grant your patent application?  There are many issues to consider before and during the application process and unless you are aware of them you could lose your rights to a patent. 

This week I am offering free 30 minute consults on patents.  The consults may be over the phone or using internet based video conferencing.  During the consult I will review with you the patenting process using a flowchart that depicts the process.  If you are interested here is what you need to do:

  1. You will need to contact me via email to request the free 30 minute consult between November 12 and November 16.  My email address is displayed in the top right corner of this webpage.  We will then setup a time via email.  Please do not call me regarding this offer.  
  2. You will need to download and print my flowchart that depicts the patenting process before the consult.  Navigate to my IP Websites page and then look for the link "Flowchart Depicting the Patenting Process" in the "Attorney Online Forms and Downloads" section.
  3. If you miss our appointment or you do not have my flowchart printed out before the consult you will forfeit your free consult.

I look forward to meeting each of you!

1 Comment

What are Utility, Design, and Plant patents?

10/21/2017

3 Comments

 
There are actually three basic types of patents you may file with the patent office.  They are as follows:
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  1. Utility:  When most people think of patents they think of utility patents.  A utility patent protects the invention of a new and useful (i) processes, (ii) machines, (iii) articles of manufacture, (iv) formulas, or (v) a new and useful improvement of i - iv.  The non-provisional version of the utility patent permits the owner to exclude others from making, using, or selling the invention.  Approximately 90% of the patent documents issued by the patent office in recent years have been utility patents, also referred to as "patents for invention".  There are two kinds of utility patents: provisional and non-provisional available:  
    1. Provisional Utility Patent:  Provides a basic level of protection for an invention for a period of one year from its filing date in exchange for some simplicity.  For more information on provisional utility patents please see my FAQ.
    2. Non-provisional Utility Patent:  A very complex document that provides the full range of patent protection for a period of up to twenty years from the date of patent application filing upon grant.  For more information on non-provisional utility patents please see my FAQ.
  2. Design:  Following utility patents, design patents are the most commonly issued patents.  Design patents are used to protect new, original, and ornamental designs embodied in or applied to an article of manufacture and generally permits the owner of the patent to exclude others from making, using, or selling the design for a term of fifteen years from the date of grant.  For more information on design patents please see my FAQ.
  3. Plant:  Plant patents are rather unusual.  Plant patents are used to protect a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing.
3 Comments

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  • Home
  • Meet the Lawyer
  • Practice Areas
    • Business Law
    • Intellectual Property Law >
      • Patent FAQ and Fees
      • Trademark FAQ and Fees
      • Copyright FAQ and Fees
  • Resources
    • Blog
    • IP Twitter Feeds
    • IP Websites
  • Contact Me
  • Disclaimer