Childs Patent Law

06/23/2021

Not all entrepreneurs fit the classic startup mold.

For example, many innovative businesses have the money they need and plan to sell their invention within 1-6 months. These businesses have little or no interest in obtaining a patent in 3-6 years. This is especially true for businesses that want to be first-in-field to capture market share or are based on rapidly evolving technologies that will be obsolete within 3-6 years, such as computer software.

Not all entrepreneurs fit the startup mold. Many businesses have the money they need and plan to sell their invention within 1-6 months.

06/09/2021

The answer to this question depends on several factors, including if you need outside investment, if you want to protect your invention in just the U.S. or multiple countries, and if your business is ready to start selling.

Most startups and entrepreneurs are bound by the same limitations. They need outside investment, they want to protect their invention in multiple countries, and their invention is not ready for commercialization yet due to a lack of resources (money) or needs more development (design).

This depends on many factors, including if outside investment is needed or if you want to protect your invention in the U.S. or multiple countries.

05/26/2021

Patent pending is a type of patent status and a legal warning recognized by US Patent Law.

It tells others that you have applied for a US patent. You can legally describe your invention as having “patent pending” status when you have a least one U.S. patent application currently pending before the United States Patent and Trademark Office (USPTO). This statement tells potential investors and business partners that you have taken steps to protect your invention. It warns your competitors that they should think twice before copying your invention because if your patent application issues as a US patent, then you could sue them for patent infringement in the US.

Patent pending is a type of patent status and legal warning recognized by US Patent Law, which tells others you have applied for a US patent.

05/12/2021

Yes, but you will have to file for a patent application in each country that you want protection in.

As you may know, a US Patent will only protect your invention in the USA. It will not protect you in Mexico, Canada, France, or Japan. If you want protection for your invention in those countries, then you will need to file a patent application in each of those countries to obtain a Mexican Patent, a Canadian Patent, a European Patent or French Patent, and a Japanese Patent.

This might sound daunting, but it’s routine. Most businesses in the U.S. that want international patent protection start by hiring an U.S. Patent Attorney like me. We draft a patent application for you and file it as a PCT Application. This will give you up to 30 months to raise the funding necessary to seek international patent protection. In about 28 months, your patent law firm should write you and ask which countries you would like to protect your invention in.

You can protect your invention outside the US, but you will have to file for a patent application in each country that requires protection.

04/28/2021

One of the common decisions startups and entrepreneurs have to make is whether or not to file a PCT application.

To put this question in context, it’s important to understand what a PCT Application is and what a PCT Application is not.

A PCT Application is a type of non-provisional patent application that can secure your priority date in most countries. Anytime you file a patent application you are entering a world-wide race to the patent office. There is no prize for second place. You can win most of the entire international competition by filing one PCT Application to secure your priority date in 153 countries around the world. This makes the PCT Application the ultimate innovation place holder.

One of the common decisions that startups and entrepreneurs have to make is whether or not to file a PCT application.

04/14/2021

Is a Provisional Patent Application Right for You?
One of the most common questions I get is: should I file a provisional patent application? The answer to this question depends on what you need.
To put this answer into context, it's important to understand what a provisional application is and what a provisional patent application is not.

Click here to learn more: https://childspatentlaw.com/is-a-provisional-patent-application-right-for-you/

One of the most common questions I get is: Should I file a provisional patent application? The answer depends on what you need.

03/31/2021

How Long Does It Take To Get A Patent?
One of the most common questions I get is: how long does it take to get a patent?
My question in response could be: How long do you want it to take? The longest I've seen a patent application take to issue as a US patent was about 10 years. The least amount of time I’ve seen for a patent application to issue as a US patent was 2 months flat.

Click here to read more:
https://childspatentlaw.com/how-long-does-it-take-to-get-a-patent/

One of the most common questions I get is: how long does it take to get a patent?

03/17/2021

How Quickly Can You Get A Patent?
One of the most common misconceptions that I run into is the idea that it takes many years to get a patent application issued as a US patent. This is false.
The truth is: it CAN take years for a patent application to issue as a US Patent. However, you CAN choose to have your patent application issue as a U.S. Patent in as little as a few months.
Click here to learn more:

One of the most common misconceptions that I run into is that it takes many years to get a patent application issued as a US patent.

03/03/2021

How Quickly Can You File A Patent Application?
I get calls from inventors all the time who want to know how quickly they can file a patent application. This question usually arises because the inventors are in a hurry to start selling their invention, to publish their invention, or to talk with investors. The short answer to this question is: you can file patent application as soon as it's ready. The filing process itself is electronic and nearly instantaneous. However, for the purposes of this post, it will be assumed that you will have a patent attorney help you draft your patent application. And that takes time.
There is no set limit for how long it takes to prepare a patent application. However, most patent applications take...

Click here to learn more:
https://childspatentlaw.com/how-quickly-can-you-file-a-patent-application/

I get calls from inventors all the time who want to know how quickly they can file a patent application because inventors are in a hurry.

02/17/2021

If You Run an Innovative Business, Not Doing This Is Like Setting Your Money on Fire.

One of the first lessons many people learn in business is that you cannot do everything yourself. You have to hire others to help you. This leads to one of the harshest lessons in business: just because you paid for it, doesn’t mean you own it.

Click here to read more: https://childspatentlaw.com/using-ip-to-get-what-you-paid-for/

02/03/2021

Everyone loves watching shark tank.

It’s the drama of watching entrepreneurs give the pitch of their lives to some of the most successful and shrewd investors in history. Getting the right deal could make or break a business.

But most people assume that the deals they see on TV are final.

They are not. Click here to read more: https://childspatentlaw.com/how-to-not-to-lose-everything-on-shark-tank/

01/27/2021

This is a summary of my previous posts and a brief warning about when your patent protection starts.

As disclosed in my previous posts, the earliest you can file a patent application eligible for allowance is when you can describe how to make and use your invention.

Click here to read more: https://childspatentlaw.com/when-should-you-file-your-patent-application-summary/