San Diego Patent Filing
At T-Rex Law, we understand the importance of your invention. We understand the importance of patenting it, too. We know the patent process can be overwhelming, but it doesn’t have to be. Our team is here to walk you through the process from start to finish.
Our registered Patent Agent, David S. Stewart, studied patent law at the University of San Diego School of Law. He is licensed to draft, file, and prosecute patents on your behalf.
Contact our team today. (858) 220-2345
What is a Patent?
A patent is a legal document, granted by the government, that covers an invention. Almost any invention can be patented, from a simple stapler to a rocket built to travel to Mars. It just has to be new: something that hasn’t been invented before. And it doesn’t have to be as groundbreaking as the wheel – improvements to inventions that already exist can be patented.
A patent gives the holder of the patent the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for a specified period, generally 20 years. A patent is a government-granted monopoly for an invention and can be highly lucrative.
To obtain a patent in the United States, an inventor or applicant must file a patent application with the United States Patent and Trademark Office (USPTO). The patent office then examines the application to assess whether the invention meets certain criteria, such as novelty, non-obviousness, and utility. Only patents that meet these criteria are granted.
In the past, patents were granted on a first-to-invent system. But now, the United States uses a first-to-file patent system. This means that filing quickly is important – even if you’ve invented it first, if someone else files first, you might not be able to obtain a patent.
Filing for a patent is a lengthy, complicated, and technical process, and though many inventors have obtained patents without the assistance of a patent practitioner, this can take hundreds of hours and often results in a patent that is of little value. It takes knowledge and experience to file a patent in a way that maximizes its value. T-Rex Law can help you there.
What is Prior Art?
Like the phrase “state of the art” used to describe the latest technology, “prior art” is used to describe past technology. Prior Art refers to any existing knowledge, information, or technology that is publicly available before the filing date of a patent application.
It includes all information that is relevant to determining the patentability of an invention, such as existing patents, published patent applications, scientific literature, technical publications, public demonstrations, and other publicly accessible materials.
Prior art is a critical concept in the patent system and plays a significant role in evaluating the novelty and non-obviousness of an invention. To be patentable, an invention must be “novel” and “not obvious” when compared to the Prior Art.
Should I conduct a Patent Search?
Patent Searches involve searching public databases for patents, printed publications, and other relevant prior art to your invention. It is important to conduct thorough prior art searches before filing a patent application to ensure that the invention meets the novelty and non-obvious requirements.
By understanding the existing body of knowledge, patent applicants can draft patents that accurately define the scope of their invention and increase the likelihood of obtaining a valid and enforceable patent. This is an integral part of the process and a service that T-Rex Law can provide for you.
What are the Benefits of a Patent?
Patents play a crucial role in allowing inventors to monetize their inventions, secure investment, and maintain a competitive edge in the marketplace.
These benefits include:
- Exclusive nationwide rights to use of the patent, even if you don’t use the patent
- Presumption that the patent is valid
- Presumption that you invented the patent
- Use of the phrase “Patent Pending” or “Pat. Pend.” on the display of the item, if a patent has been applied for it
- Puts others on notice that you have a patent for the invention and can be persuasive when asking an infringer to stop using an identical or similar invention
- Attracts investors and increases the value of your business, and can also be used as collateral in financial transactions
- Ability to license or sell your patent for other businesses to use in exchange for compensation
- The right to sue infringers of your patent for reasonable royalties and lost profits
What is a Patent Rejection (“Office Action”)?
An Office Action is an official communication issued by a patent examiner at the patent office, in response to a patent application. The Office Action outlines the examiner’s findings, observations, and any issues or rejections identified during the examination process. These issues can be quite simple (e.g. correcting a formatting error) to extremely complex (e.g. lack of novelty or obviousness).
An Office Action that isn’t responded to can lead to the death of your U.S. patent application or affect the scope of the patent. It is important to respond to these Office Actions promptly and with a full understanding of what the response legally entails.
T-Rex Law is intimately familiar with Response to Office Action situations and can guide you through the process with ease. Contact our team today (858) 220-2345.
Why Choose T-Rex Law?
At T-Rex Law, we understand the ins and outs of U.S. patent law. We make sure that clients truly understand their legal situation, the law, and their choices. We value your time and will communicate the legal process of your patent in an easy-to-understand manner. Our agents and attorneys make sure clients really do grasp the concepts and understand why protecting inventions is so important, as well as what our proposed costs and fees cover.
We also understand the financial burdens that face individuals and small to medium size businesses, and we work with clients to comprehensively protect their inventions while keeping costs and fees to a minimum. We operate on a 100% flat fee basis, so clients are never issued invoices for work that they didn’t specifically ask for and approve in advance. Contact us today by filling out our online form, or by giving us a call at (858) 220-2345. We’d love to talk with you!