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Ten Ways to Speed Up the Process of Getting Patent Protection of Technology Dennis S. Fernandez Patent Attorney Fernandez.

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Presentation on theme: "Ten Ways to Speed Up the Process of Getting Patent Protection of Technology Dennis S. Fernandez Patent Attorney Fernandez."— Presentation transcript:

1 www.iploft.com Ten Ways to Speed Up the Process of Getting Patent Protection of Technology Dennis S. Fernandez Patent Attorney dennis@iploft.com Fernandez & Associates LLP Menlo Park, California © 2003 Fernandez & Associates, LLP. All Rights Reserved.

2 www.iploft.com Overview of the Patent Process Patent Protection twenty years from the date the application for a patent is filed Period of Time When your Invention is Unprotected 18 Months to two years to get a patent issued

3 www.iploft.com Patent Timeline

4 www.iploft.com Top 10 Ways Ten Tips for Early Protection of Technology Rely on Other Forms of Technology Build a Patent Portfolio Quickly Submit a Provisional Application Submit a Petition to Make Special Do Not Make the Claims So Broad Submit an Information Disclosure Statement Respond to USPTO Actions Quickly Communicate with the Examiner File Foreign First File Online

5 www.iploft.com Rely on Other Forms of IP Protection Trademarks protect goodwill and branding of ones product Copyrights protect the original expression of an idea MaskWorks protect against the unauthorized copying of a chips layout information Trade Secrets protect any technical or business information that gives the business a competitive advantage

6 www.iploft.com Build a Patent Portfolio Quickly Acquire or License Patents or Applications Universities Defunct companies

7 www.iploft.com Submit a Provisional Application Provisional Application lock in an early filing date remember to convert into a non-provisional as soon as possible; Dont Wait

8 www.iploft.com Submit a Petition to Make Special Petition to Make Special high priority within USPTO Basis for Petition infringement applicants health applicants age environmental quality inventions relating to recombinant DNA, HIV/AIDS, superconductivity, or countering terrorism applications relating to biotechnology filed by applicants who are small entities

9 www.iploft.com Do Not Make the Claims So Broad Make Claims More Specific less prior art the examiner has to reject faster patent issuance

10 www.iploft.com Submit an Information Disclosure Statement Information Disclosure Statement Include: sources of ideas articles regarding similar technologies competitive ideas from other companies previous technologies that the invention builds upon Anticipate the Examiners Arguments and Show How Your Invention is Different

11 www.iploft.com Respond to USPTO Actions Quickly Strive to respond in a timely fashion Expedite all USPTO actions Facilitate communications with patent counsel

12 www.iploft.com Communicate with the Examiner Schedule an interview to talk about a rejection Explain the invention clarify any of the examiners concerns

13 www.iploft.com File Foreign First if a certain country has a quicker review process, you may consider filing there first

14 www.iploft.com File Online Every second counts!

15 www.iploft.com Questions? Dennis@iploft.com


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