“Pro Tips” for Your Prototype

People always ask, “Well I haven’t built a prototype, can I apply for a patent?” And the truth of the matter is: you don’t need a prototype to apply for a patent.                      If you are going to build a prototype, I’d love to share some […]

Pass Go & Collect: How to Patent Board Games

The Story of Monopoly… A patent is a limited monopoly that the government grants for an invention. The government granted inventor Charles Darrow a patent US2026082A on the board game Monopoly in 1935. There’s some controversy about the 1935 patent: Darrow learned about another game called “The Landlords’ Game” that was patented in 1904 by a […]

Foreign Filing License & Your Filing Receipt

Most people who are filing for a patent in the United States don’t even realize that, at the same time, they’re applying for a foreign filing license. What’s that? Well, it turns out that if some or all of the inventive process takes place in the United States, before you can apply for a patent […]

Brexit’s Effect on European Patents

It’s official: the United Kingdom is leaving the European Union. While Brexit will have no effect on your U.S. patent (which protects your rights in the United States), as an inventor, you may be curious about how Brexit affects foreign patents, since many U.S. inventors have extended their patents by filing through the European Patent […]

What’s So Special About Tyler, Texas, Anyway?

Most people don’t even know where Tyler, Texas, is, but for patent litigators—that is, attorneys that try patent cases—it has become their home away from home. First, I need to give a little bit of background about the federal court system that a lot of people aren’t aware of. The federal courts have exclusive jurisdiction […]

What Goes Into a Patent Application?

Many people are under the impression that drafting a patent application is just a matter of filling out forms, like any type of government application, and perhaps submitting a picture, as you do when you’re applying for a passport. Nothing could be further from the truth. In fact, preparing a patent application is a complex […]

Spring is Here and the Patents are Blooming!

Welcome, Springtime! The trees are starting to blossom, little plants are sticking their heads above the soil, the grass is starting to get greener, and I’m sure that just brings thoughts of patents to everybody’s heads. Well, not everybody. We’ve previously discussed utility patents and design patents, but there’s a third type of patent in the […]

What is Patentable? The Phenomena of Nature Exception

The answer to the question “what is patentable?” should be pretty straightforward, because the applicable law says: “a machine, a manufacturer, composition, or a process, or the improvements thereof, are patentable.” However, over the years, the courts have created very specific guidelines concerning what is or is not patentable. One exception to patentability is called […]

What Should an Attorney Charge to File and Prosecute a Patent Application?

Not surprisingly, one of the first questions clients usually ask me is “how much does it cost to get a patent?” While there are some government fees that apply regardless of which attorney you choose to file and prosecute (i.e. prepare the application and shepherd it through to issuance) your patent, the attorneys fees can […]

This Valentine’s Day, Enjoy Your Intellectual Property

{2:30 minutes to read} February 14th is Valentine’s Day. It’s a special day in our household because my youngest grandson, Xavier, was born on Valentine’s Day. To many people, it’s also a good day for romance and love. I’m sure most don’t think about intellectual property such as patents, trademarks, and copyrights, although the romantic […]