Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

Hello! Yes, if the corporation is to be the “Applicant” on a U.S. patent application, the patent application has to be signed by a registered patent attorney or a registered patent agent.

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I am a registered U.S. patent attorney, however, absent a mutually-agreed, written... View More

The first step in any potential infringement action is to take a look at the product/service/method and compare it to the patent and then put a strategy together.

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I am a registered U.S. patent attorney, however, absent a mutually-agreed, written engagement agreement between you... View More

Depending on the method/invention itself, a utility patent could be drafted in such a way to cover the variations on the method. What you're getting at though, is called a "product-by-process" claim, which generally would accompany pure method claims in an application. If a... View More

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.

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I am a registered U.S. patent... View More

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... View More

Generally, ex parte reexaminations can run between $15,000 and $25,000 for the party requesting it, split between government filing fees and attorney fees and attorney fees. Quite a bit of preparation goes into these filings, and nailing down a more specific estimate could be accomplished after a... View More

Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making... View More

Hi, if you’re on the USPTO website (patft.USPTO.gov or appft.USPTO.gov), you’ll want to click on “Images” at the top of the screen, and then “Full Pages” on the left (blue button). If you’re on Google Patents, you can click “Download PDF” toward the upper left of the screen.... View More

Generally there are a few routes to take, but common ones can include: (1) obtain an analysis of whether you actually infringe and respond accordingly; (2) negotiate and obtain a license from the patent holder; or (3) invalidate the patent.

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I am a registered U.S. patent... View More

There are mechanisms in the law to add an inventor when they should be listed (it is a common misconception that inventors can be arbitrarily chosen). I actually recently wrote a blog post about this topic:... View More

Hi, this is a tricky situation many founders I’ve worked with have found themselves in. For a startup in the early stages when funding is tight (it usually is at the very start), a provisional patent application could be filed to defer some of the costs and get to “patent pending.” A caution,... View More