Frequently Asked Questions

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(1) Patent Preparation & Prosecution;

(2) Patent Portfolio Consulting & Management; 

(3) Trademark Registration & Prosecution; and

(4) CBP e-Recordings. 

My practice focuses on the electrical, mechanical, and the physical arts, including, but not limited to, wireless technology, mobile devices, wearables, Electric Vehicles (EVs), medical devices & systems, robotics, and blue technologies (Blue Tech).  

First, there is an initial consultation to screen for conflicts and confirm a technology fit. 

Second, the consult will address any preliminary questions the potential client may have. 

Third, I will prepare an Engagement Letter and Written Fee Agreement, and upon execution, engagement will begin. 

Invention Disclosure

We will begin with an Invention Disclosure Form that describes your invention and its background (accompanied with any  available drawings, models, documentation, etc. that are available). 

Next, we will have an Invention Disclosure Interview to  specifically address any followup questions and any additional details  that should be captured. With that information, I will prepare a Draft of the Non-provisional Patent Application (a Provisional Application is very similar, but will generally not include Claims, and may have informal Drawings and/or other informalities.) . 

Application Filing

When the  Application is compete, it (and any required Formal Documents) will be electronically filed in the U.S. Patent and Trademark Office ("USPTO"), along with the required Filing Fees. At this point, the Application is Filed, and the Invention is "Patent Pending".

Prosecution

Shortly  thereafter, there may be  series of additional administrative documents  received (e.g., Filing Receipt, Notice to File Missing Parts, POA  Acceptance, etc.) and filed (e.g., Assignment, Power of Attorney, IDS,   Preliminary Amendment, etc.).

Some time later the Application should become Published and viewable by the public (on average, about 18 months after filing). 

Also, some time after filing, the Application should receive an Office Action sent by the Patent Examiner. Times for a first Office Action may vary, on average between 6 months  to 2 years after filing, and may be formal (e.g., Restrictions) or  substantive (e.g., Objecting to, Rejecting , and/or Allowing the Claim  in whole or in part).  

Close of Prosecution

Once  each item in the Office Action is addressed, the Application will  generally be Allowed, Finally Rejected, Abandoned, and/or Continued. If  the Application is Allowed, and the Issue Fees are paid, the Application  will issue as an Issued Patent. 

Post Issue

After issue, Maintenance Fees will need to be paid in the 4th, 8th, and 12th years after issuance to maintain the patent enforceable. 

A utility patent protects the way an invention works, while a design patent protects the way an invention looks.