FAQs

Possibly. It depends on many factors, beginning with where you invented it, where you want patent protection and what prior art is out there. Not all inventions are patentable. We can help you navigate the difficult waters facing companies and individuals seeking patent protection domestically and abroad. The process starts by contacting us through the “Contact” page. An editable inventor disclosure form in Word format is here.

You do not ordinarily have to register copyrights with the US Copyright Office to have rights in copy (a copyright), but you do need to register those rights to sue and you need to do it quickly after learning of the infringement. If you created a piece of literature, music, illustration, photograph or a scientific paper that has been stolen by another, please contact us. We can help you register your work with the U.S. Copyright Office if it important for you to do so.

Perhaps. In fact, USPatentLaw hopes to soon be launching a patent brokerage site, which will allow its users to buy and sell patents online. It will also let trustees and receivers managing bankruptcy estates and receiverships post patents and patent portfolios for sale in auctions. There are people and organizations looking to buy patents and IP, but typically these look for patents only in certain fields and prefer patents already being licensed, but they will not pay you a huge amount of money for a small patent just because you managed to get it issued.

Only about 5% of patents issued in the United States make money. That means that if you own one of the 19 out of 20 patents that do not make money, you will probably have to settle for selling your patent for a few hundred dollars, or a few thousand at most.

If you happen to have one of the few valuable patents, we would certainly like to speak with you.

Under some circumstances, USPatentLaw may be able to help you obtain patent protection on inventions conceived and reduced to practice in any country under the Patent Cooperation Treaty (PCT). Particularly if you have already filed for patent protection in a PCT receiving office, we would be pleased to help you obtain protection in the U.S. Because there are strict time limits within which you must file protection (usually twelve (12) months from your first filing), it is important you contact us promptly if you are considering filing an application under the PCT. If you have a U.S. patent, we may also be able to help you obtain protection in other countries. It is important you contact us promptly because there are deadlines.

Probably if you have rights in it the domain through use of it in commerce. We can file what is called a UDRP Complaint with the National Arbitration Forum or World Intellectual Property Organization, which is a quick and simple procedure that may result in the disputed domain being transferred to you. You must satisfy a tripartite standard before whichever ICANN-approved dispute resolution provider you choose, including that the rogue domain is being used abusively and that there is actual or likely confusion between it and your domain. USPatentLaw is particularly adept and interested in helping Internet companies resolve IP issues related to domain names.

There are many ways a U.S. patent can be infringed. If a person, individual or organization is manufacturing a product over which you have patent protection, we may be able to represent you in the State of Utah or other jurisdictions in pursuing them in federal court. Furthermore, individuals importing products over which you have patent protection may be liable in the International Trade Commission of the United States. Even individuals encouraging others to infringe your patent, or making or importing items which serve no purpose but to facilitate infringement, may be liable.

Start by emailing or calling USPatentLaw at: steve@uspatentlaw.us or dial (801) 347-5173. The patent process can be lengthy and complex. Because the USPTO suffers from the same inefficiencies as many government bureaucracies, it can frequently take 2-5 years until your patent application is examined after you file it, but we can file your application quickly, and may be able to help expedite the examination process in some circumstances.

The U.S. Patent and Trademark (USPTO) office usually sends “office actions” to those who have filed for patent or trademark protection after examining the application. These office actions may contain objections or rejections from the USPTO. The USPTO may have problems with your claims, specification or other aspects of your application. There are strict deadlines for replying to office actions, and it is important for you to respond quickly. USPatentLaw can usually help.

We believe our fees are much less than what larger firms charge. Our litigation fees are also less typical. Please see our Areas of Practice page in the top menu for more information on pricing.

Yes, if the claims arise in Utah. If you are a local business or individual needing to enforce soft IP rights against someone who has violated them in the State of Utah, please contact us. Examples of soft IP rights include rights in confidentiality agreements, non-compete agreements, non-solicitation agreements, trade secret misappropriation, and the like.

Certain types of trademark disputes may be best litigated in Utah, even if you are a corporation organized elsewhere. Utah sits in the Tenth Federal Circuit, one of the only circuits to recognize a trademark holders’ right to stop other organizations or individuals from misappropriating trademarks in cost-per-click (CPC) advertising on the Internet. If one or more of your competitors are bidding in Overture or Google Adwords on keywords in which you have rights, such as your corporate name or wordmarks, please contact us. We may be able to help you put a stop to this behavior and to recover damages you have suffered as a result of it. USPatentLaw may also be able to help you enforce the rights you have in trademarks, trade secrets, patents, and other intellectual properties.

Patent litigation can be very stressful and expensive. It is often difficult for non-patent attorneys to determine whether or not a patent is being infringed. USPatentLaw may be able to help you determine whether or not a competitor, importer, or manufacturer is infringing your patent. As a patent holder, you have the right to exclude others from utilizing the recited embodiments in the patent, and may have rights against those who have encouraged or induced others to infringe your patent. If you have been accused of infringement, USPatentLaw can help you explore your options and determine whether or not a federal district court is likely to rule that infringement is taking place. USPatentLaw will help you for an affordable amount, and consult with you initially free of charge. If you decide to retain USPatentLaw, the rates are on this rate. We will consider contingency cases, and partially contingency cases.