During the patent examination process, what are the most common rejections that patent applications get? How serious are these rejections and how do you overcome them. This list includes restriction requirements, 35 USC 112 clarity and lack of enablement rejections, 35 USC 101 or Alice rejections for ineligible subject matter, 35 USC 102 novelty rejections, and 35 USC 103 Obviousness rejections.
Top Lists
Top 5 Low Cost Patent and IP Strategies [VIDEO]
The Top 5 low cost patent and IP strategies that most people don’t know about or use. May of these patent and IP strategy are free or low cost. The list includes: the “circle C” copyright marking, the “TM” trademark marking, patent pending marking, using published patent applications in marketing and selectively splitting a patent application into multiple patent applications or patents to increase the value of your patent portfolio. These, free, cheap and low cost patent and IP strategies are a MUST for any startup.
Top 5 Startup Patent Mistakes [Video]
List of the Top 5 mistakes that startups make with patents including: filing a patent application too late, filing a patent application too early, not filing a provisional patent application first, over investing in foreign patent assets and filing a weak provisional patent application that does not have sufficient detail.
Top 5 Hidden and Overlooked Benefits of Patents [Video]
The Top 5 Hidden Patent Benefits. This video discusses benefits of patents that are often overlooked by inventors and startups including making a company more attractive to potential investors, partners, employees; creating uncertainty for potential competitors or copiers; and the defensive benefit of published patent applications and patents.
Top 3 Traits of Successful Entrepreneurs
As a patent attorney, my practice focuses on tech startups and I regularly work with both successful and unsuccessful entrepreneurs. In my experience, the three main skills, traits, talents, or mindsets that are common to successful entrepreneurs are: (1) a strong understanding of the market; (2) an ability to sell the product and business; and (3) an ability to move past adversity.
(1) Strong Understanding of The Market
Unfortunately, it’s far too common for inventors to come up with new products without considering whether there would even be a market for them. They concoct a new idea and then face an uphill battle of convincing customers of its value. This is typically because they are unaware of the needs and wants of the market or because they are unaware of existing solutions.
In contrast, successful entrepreneurs tend to already know the market because they work in the field or are otherwise immersed in it. For entrepreneurs that are new to a market, they recognize their weakness and leverage insiders in the field and work to quickly learn the culture and landscape of the field. Successful inventors work backwards by first identifying the needs and wants of the market and then developing a product that fills the gap.
(2) Ability to Sell the Product and Business
I deal with many inventors who have amazing ideas, but are completely unable to sell their product and business to investors, partners and customers. Their skill is in the technical aspects of the invention, but they are unable to engage others to make it a success. On the other hand, I have other clients with mediocre, and even terrible ideas, that do extremely well because they know how to captivate their target audience. They know how to present their business in such a way that investors and potential business partners can’t resist, and are able to connect with and invigorate potential customers. In short, a great idea is not enough without someone who can effectively sell it to the right people.
(3) Ability to Move Past Adversity
Being an entrepreneur is rough, and I have the utmost respect for people who take a shot at their own business and even more respect for those who succeed. For my clients that end up being successful, a core skill or trait is being able to fight through the inevitable roadblocks that they face. Moreover, it seems like such adversities actually spawn important breakthroughs in a business instead of slowing it down. The people who end up making it have an unwavering faith that solutions are out there and simply fight to find them.
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Top Three Patent Myths
1) You need a prototype before filing a patent application
Untrue! The only requirement is that the invention is describable in sufficient detail such that an average person in the field would be able to make and use it. Also, the requirement is not that the inventor be able to sufficiently describe the invention, and in many cases, an idea can be patentable even if the inventor would not know how to implement it. For example, if the inventor can describe an idea to a patent attorney such that the patent attorney is able to then add sufficient detail, then the idea might be patentable.
2) A patentability search is required before filing a patent application
Wrong! There is no requirement to do a patent or prior art search before filing a patent application – it’s optional. For some inventions, a patentability search would be highly recommended, but for others it’s a complete waste of time and money.
3) It’s okay to file a patent application without a patent attorney
Sorry, it’s not a good idea. Sophisticated technology companies always work with patent attorneys during the drafting, filing and the examination of patent applications at the Patent Office. These companies know that all patents are not created equal and that navigating the patent process without an attorney typically leads to a less-valuable and unenforceable patent, or results in a patent never issuing at all. Working with a patent attorney is the only option for any serious inventor or company. Luckily, contrary to popular belief, working with an attorney is possible on nearly any budget.
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Reasons to Never Use LegalZoom for Patents
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Are Ideas Patentable? Is Your Idea Patentable?
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Is Software Patentable?
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