Intellectual Property Q&A

Need an NDA to talk to patent attorney? It’s a common question I get from startups, inventors, entrepreneurs and basically anyone starting up a new…

What is PPH? PPH stands for Patent Prosecution Highway, a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of…

What is an IP checklist? An IP checklist helps a startup company to make sure that fundamental IP rights are adequately protected. At a minimum,…

What rights do you have while patent pending? Can a patent filer can stop copycats and would-be infringers while their patent application is pending? The…

What are patent foreign filing deadlines? A foreign filing deadline refers to a specific date by which an applicant must file a foreign patent application…

Is a Power of Attorney required to pay a maintenance fee? If a new patent attorney or law firm plans to pay the maintenance fee…

What is use in commerce? To establish trademark rights in the US, a trademark owner generally must be the first to use a mark in…

Can an Assignee also be identified as an Applicant in a US national phase application? Yes, if the earliest filing date of the US national…

Can inventions be publicly disclosed prior to filing a US patent application? The US patent system is different from the patent laws of most foreign…

Is there such a thing as a patent renewal? Sort of. Instead of patent renewals, they are called maintenance fees. Maintenance fees apply only to…

What are the differences between provisional and nonprovisional patent applications? A nonprovisional patent application is normally considered the regular utility patent application. It is what…

What is an inherently distinctive trademark? An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It’s…