Get Your Patents and Trademarks Registered

by the Patent Attorney that Lawyers Call

Vic Lin is the US patent attorney that lawyers around the world call to get answers to their tough patent and trademark questions.

We align ourselves with Davids fighting Goliaths. When you're ready to protect your IP, give me a call.

Protect Your IP with Vic

Let Our Track Record Speak For Itself

Don't compare words. Compare IP results.

700+ Patents granted

Very few US practitioners have obtained over 700 grants of utility and design patents. Even fewer IP attorneys have ever enforced patents.

500+ Trademarks registered

We know how to get trademarks registered. Maximize your time and value by filing trademarks properly with us.

300+ Foreign IP registrations

To protect your IP in foreign markets, you need to work with the right foreign IP experts. Work with our worldwide network of IP specialists.

Don't take our word for it

Frenda Williams

2023-02-21

I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁

Shiwei Liu

2023-02-20

Excellent service and quick response. Lots of informative documents on its website.

Chang Chien Michael

2023-02-20

I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.

Mats Johansson

2023-02-20

We have been happy client for 10+ years. Awesome Patent Law Firm!

Hanson Chang

2023-02-16

Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around

Genevieve Springer

2022-09-09

Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.

InPlay Inc

2022-06-30

Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.

Meg Crowley

2022-03-05

After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.

Andy Dong

2022-02-28

I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

Frequently Asked Questions and Resources

Here are our most popular FAQ's on working with our IP firm

Need an NDA to talk to a patent attorney?

No. It's a common question I get from startups, inventors, entrepreneurs and basically anyone starting up a new venture who hasn't already worked with our firm. In most cases, a well drafted non-disclosure agreement (NDA) is a prudent way to protect your idea as you're talking to service providers. Attorneys, however, are governed by strict rules and codes of professional conduct relating to communications with clients (e.g., see California Evidence Code Section 952, California Rules of Professional Conduct Rule 3-100, and California Business and Professions Code Section 6068).

What if you wish to consult with different patent attorneys before engaging the right one?

The State Bar of California has issued a written opinion stating that even if you're not a client, an attorney may have a duty to keep your communications confidential if the attorney's words or actions "induce in the speaker a reasonable belief that the speaker is consulting the attorney, in confidence, in his professional capacity to retain the attorney or to obtain legal services or advice." (Formal Opinion No. 2003-161).

Other state bars may have issued similar opinions regarding confidentiality of communications with potential clients. If you're still uncomfortable sharing the details of your invention, then keep the communications general. For example, you can share the general subject matter and/or industry of your idea: "I have an idea for a new [device/app/process] to be used in/by [field/industry/target]. That way, the IP attorney can suggest next steps, rough costs and general timelines without getting into any potential conflicts of interest.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.

Can our IP firm represent out-of-state clients nationwide and worldwide?

Yes, our firm can represent out-of-state clients throughout the US in patent and trademark filings with the USPTO. As registered patent attorneys, we are not limited to helping applicants only in California. Clients nationwide can choose to work with us no matter where they are located.

How critical is the difference between a local patent attorney and an out-of-state patent attorney?

Technology has significantly helped bridge the gap between remote and local patent attorneys. If you believe it is critical to have a local patent attorney see your invention, then by all means hire local. Our firm has helped hundreds of remote clients using email, screenshares, virtual meetings and even through simple phone calls. Ask yourself whether the geographic location of your patent lawyer should outweigh the quality and cost of competent legal representation.

Search the prospective patent attorney on the USPTO patent search site to find out how many utility patents they obtained.

Can we represent foreign clients located outside the US?

Yes, we frequently file US patent applications on behalf of international clients located outside the U.S.

As attorneys at law, we also file trademark applications on behalf of clients throughout the world. If you require the assistance of a US attorney in responding to a trademark rejection, email us a copy of your Office Action so that we can provide you with a flat rate estimate for response. We also represent US and international clients in trademark oppositions and cancellations before the TTAB.

What are the differences between patent agents, attorneys at law and patent attorneys?

A patent agent may file patent applications for others. Since patent agents are not attorneys, they cannot file trademark applications or litigate cases.

An attorney at law may or may not be a registered patent attorney. An attorney at law without a patent bar registration may not file patent applications. However, attorneys without patent registration can file trademark applications and litigate cases.

A patent attorney is an attorney at law who must have two licenses to practice: 1) USPTO patent registration and 2) attorney license. Therefore, a US registered patent attorney may file patent applications, file trademark applications, handle TTAB trademark oppositions and cancellations, and
litigate cases.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.

Can you patent an idea? Is your idea patentable?

It seems fashionable nowadays to say that you can't patent an idea. Is that true? How do you know that a particular idea is not patentable without understanding all the details of that idea? So this blanket statement begs the question, "How do you define an idea?"

All patentable inventions start off as ideas. So let's not categorically rule out the possibility of patenting an idea before understanding what that "idea" actually includes. Let's start with the basic requirements for getting a patent.

What are the requirements for a patentable invention?
Your concept may be patentable if it meets two conditions:
eligibility; and
uniqueness.

What is patent eligible?
The types of inventions that have a higher risk of rejection based on ineligible subject matter include software, computer related technology and business methods. While it is still possible to patent software and business method inventions, you may face a potential battle with the examiner on Section 101 rejections. With utility patents, eligible subject matter generally excludes inventions that consist of laws of nature, natural principles, natural phenomena and natural products with a few exceptions.

What is unique in a design vs. utility patent application?
The requirement of uniqueness is different in a design patent application versus a utility patent application. If you want to protect how your invention looks, then file a design patent application. In order to have a patentable design, the appearance of your invention must be unique, such as the 3-dimensional shape of an object or the 2-dimensional graphic design or artwork as shown on a product.

If you want to protect how your invention works (e.g., functions, structures or processes), then file a utility patent application, which can be either a provisional or nonprovisional application. Uniqueness in a utility patent application involves both novelty and non-obviousness.

How can a patentability search help the patent application process?
Patentability searches can help assess the level of novelty of your invention depending upon the prior art found. Such novelty searches, however, cannot guarantee success because it’s very difficult to predict what additional prior art the patent examiner may find or how the examiner will apply the prior art reference to reject your patent claims. Basically, patentability search results can provide a definitive no, but not a definitive yes. Novelty searches can also provide a roadmap for claiming your invention by focusing on key features that were not found in the search.

If you’re willing to try searching patents yourself, try Google Patents and freepatentsonline.com. Since these searches on these sites are based on keywords, use different synonyms and different combinations of terms to search for relevant prior art.

Need help with filing a patent application?
If you're ready to move forward, see this post on filing a utility nonprovisional application.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to find out how we can help.

Do we bill flat rate patent applications and fixed fee trademark applications?

Yes, long before it was even cool, our boutique IP firm began billing flat fee patents and trademark filings. Here's a short list of our flat rate costs for patent and trademark applications.

Do we provide a free initial consultation?

Yes, our initial consultations are always free. We do not charge anyone until they have signed our engagement and provided an initial retainer.

Email vlin@icaplaw.com anytime or call (949) 223-9623 to schedule a free initial consultation.

How to choose a patent attorney

Here are suggested questions to ask a prospective patent attorney:

Does the patent attorney and their IP firm bill flat fees?
Will the patent attorney provide a fixed fee quote for the initial filing of your nonprovisional utility patent application?
Does a patentability search (novelty search) make sense for your particular invention?
Does the patent attorney recommend Examiner Interviews in responding to rejections?
Would it make sense to pursue any strategies to streamline or expedite the utility patent application?
If you do not understand how patent claims work, ask about the difference between independent claims and dependent claims.
If foreign patents are desired, does the patent attorney have experience with international PCT applications and working relationships with foreign associates in your desired countries?
What are rough costs of the initial filing and ongoing prosecution costs after the initial filing?
If you are considering trademarks in addition to patents, ask about trademark costs and if the IP lawyer has any experience with trademark oppositions and cancellations.