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How to File Your Own Provisional Patent Application
Drafting Your Own Provisional Patent Application | How to Draft Your Own Provisional Patent Application | Draft Your Own Patent Application | Provisional Patent Application Templates
Don’t file your own provisional patent application.
You might be able to say you have “patent pending status” for 12 months, but it’s unlikely you’ll be able to rely on that provisional patent application for a filng date after that time, especially if you are using an online or automated template for drafting a provisional patent application.
There are several advantages to filing a provisional patent application. For example, filing a provisonal patent application is a cost-efficient means of protecting an invention during the early stages of the development process. Additionally, multiple provisonal patent applications can be referenced when a nonprovisional utility patent application is filed that combines all the ideas of each provisonal patent application into one application. Do you have an invention that you would like to commercially promote by fear that your invention could be stolen and commercially exploited by others? Are you considering filing a provisional patent application for your invention without using a registered patent attorney and using an online patent application template to guide you through the process? If so, here are 5 reasons why you should avoid online provisional patent application templates.
1. You May Not Disclose Enough
In order for a non-provisional patent application to claim the filing date of an earlier filed provisional patent application the invention claimed in the non-provisional patent application must be fully described and disclosed such that one skilled in the art of the invention can make and use the claimed invention without too much trouble. The earlier filed non-provisional patent application need not be orderly, pretty or neat. It doesn’t even need all of the sections and disclosures required for non-provisional utility applications. However, the provisional patent application must adequate disclose the claimed invention. Any claims that are not sufficiently disclosed will not receive the benefit of the earlier filed provisional.
2. You Don’t Have a Docketing System
If you are not knowledgeable about patent law, you will face many challenges when attempting to use a PPA template to prepare your application. Yes, provisional patent applications are a simplified means to apply for patent protection. However, provisionals do not result in an issued patent because they expire in one year. If you want to obtain a patent on your invention, you will need to file a nonprovisional patent application before your provisional patent application expires.
3. Experience Matters.
Do you know when you should or should not file a provisional patent application? If you plan on filing international patents on your invention, some countries have strict requirements regarding first filings. Hence, filing a PPA could be problematic if you desire international protection.
Do you know if you should submit drawings with your provisional patent application? Some have included information on their websites that suggest that drawings are not required with a provisional patent application filing. However, you should submit drawings if they are necessary for the understanding of the subject matter that you are trying to patent. If you need to submit drawings, do you know how to draft the drawings or many to include? Again, you could submit a provisional patent application without the help of an attorney, but should you? These probably all questions that you do not know and will have to research. You will need to do a lot of research if you use a PPA template.
4. Patent Law is Considered One of the Most Complex.
A professional patent attorney is the best source for filing the provisional patent application correctly. Patent attorneys make up less than 5% of attorneys and require an additional examination to practice. An attorney can’t call themselves a patent attorney unless they have sat for and passed the Patent Bar Registration Exam. Only 47% of attorneys who took the exam in 2018 passed! So, it’s really not a great idea to pretend to be one.
Patent applications are complicated, a patent attorney will help you avoid the pitfalls in the patent process.
5. Writing the application will be time consuming for you.
There are many types of provisional application templates available online, so you will first need to conduct research on which template to use. Templates only give you a place to start – so, you will still need to research all the necessary USPTO patent submission standards. Most PPA templates do not provide guidance on how to write your application – so, you will need to research that too. For example, your application should include a specification as prescribed by section 112(a). Do you know what a specification is? Do you know what section 112(a) is? If your template does not explain how to comply with these requirements, you will need to research the information.
Ahaji Amos, PLLC
More Than Your Average IP Boutique
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
The Trademark Is Not Registered, Can I Use it? No.
This blog post answers the question, “No one has a trademark registration…so can I use it?”
Can I Use an Unregistered Trademark Since NoOne Owns It? NO.
Trademarks are not established by registration. They are created by use. Clients often conduct a quick United States Patent and Trademark Office ("USPTO") trademark database search to rightly determine that the word, phrase or logo of interest has not been registered as a federal trademark. After thousands of dollars are spent, the dreaded cease and desist letter arrives informing the new trademark owner that the unregistered mark has been in use by another in the same field. The prior user has superior rights in the trademark, despite the lack of registration. Why? Common law trademark rights are established by use, not registration.
Federal trademark registration provides many advantages for those who secure them. Benefits of federal trademark registration include the following:
1) Being listed on the USPTO website for all to see
2) Being known to USPTO trademark examiners
3) Establishes nationwide use
4) Serves as evidence of the validity and exclusive ownership of the mark for the goods and services listed in the registration
5) Incontestable trademark status after five years
6) Grants the right to use the ® symbol
7) Grants the right to sue in federal court and, possibly triple damages and attorney fees
8) No need to prove actual damages
9) Provides a basis for foreign registrations
10) Empowers US Customs and Border Protection can block infringing imports
However, registration is not what gives the trademark ownership rights. Common law trademark rights are established upon use. So long as the trademark is being used as a trademark (to designate the source of goods, and not to describe the thing itself), a trademark owner does have common law trademark rights, including the power to prevent others from using the trademark in the same geographic area where the mark is used.
These rights are not as strong as those granted with a federal trademark registration. However, common law trademark rights are significant enough to warrant attention. You don't want to invest in a mark that can't be used in specific geographic regions. And, in the age of the internet, the "geographic region" may be the entire viewing public's region.
For all of these reasons, it's essential for anyone who is working on branding a product or service using a trademark to have a trademark clearance search conducted before the product or service hits the market. If you are interested in a flat fee trademark search, please contact us.
Ahaji Amos, PLLC
More Than Your Average IP Boutique
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
I’m on YouTube!
Ahaji Amos, PLLC
Applying for a Trademark on a Business Name
Applying for a trademark on a business name seems straighforward. However, there are common errors made which can be avoided. This article covers how to trademark a business name and how to avoid pitfalls commonly encountered during the trademark registration process. #law, #lawyer, #legal, #attorney, #lawfirm, #lawyerlife, #lawyers, #trademark, #patent, #motivation, #trademarks, #womeninip, #iplaw, #iplawyers, #womeninbusiness, #mochapreneurs, #business, #work, #office, #entrepreneur #attorneys, #inventor, #ahaji #ahajiamos, #ahajiamospllc, #trademarkattorney, #trademarkattorneynearme, #blacktrademarkattorney, #femaletrademarkattorney, #blacktrademarkattorney, #womentrademarkattorney, #affordabletrademarkattorney, #trademarkattorneyflatfee, #onlinetrademarkattorney, #trademarklawyer, #trademarksearch, #trademark, #trademarkaname, #trademarkalogo, #tess, #howtotrademarkalogo, #trademarkattorneysearch, #trademarkregistration, #costoftrademarkattorney, #napervilletrademarklawyer, #napervilletrademark lawyer, #tmlogo, #trademarktm, #tmtrademark, #why registeratrademark, #rsymbol, #trademarksymbol, #trademarksofletters, #whatisacertificationmark, #whatdoestrademarkregistrationdo, #canIstopsomeonefromusingmyname, #canIstopsomeonefromusingmylogo, #howlongdoesittaketoregister atrademark, #trademarksymbols, #amazonbrandingtrademark, #doamazonrulesallowtrademarkonlogo, #besttrademarklawyer, #trademarklitigation attorney, #trademarklitigationlawfirm, #trademarklitigationlawyer, #toptrademarklitigationfirm, #tmattorney, #trademarkapplicationlawyer, #trademarkapplicationattorney, #trademarkcost, #registeredtrademarkattorney, #registredservicemark, #trademarkbusinessname, #federaltrademarksearch, #wipotrademarksearch, #freetrademarksearch
If you are considering applying for federal trademark registration on your business name, there a few things you want to keep in mind, before you start advertising.
Note: Advertising agencies tell everyone to use descriptive business names. If the intent is to use the business name as a trademark and apply for trademark registration in the USPTO, then do not use any words that describe your product or service as your trademark. Descriptive marks are by definition, not trademarks that are capable of federal trademark protection. Trademarks indicate the source of goods or services and do not merely describe the product or service itself, or the attribute of the products or services. Unique marks are the best and easiest trademarks to protect.
1. Check Your State's Business Name Registry
If another entity has registered your business entity name in your state, it doesn't make sense to use that name. Could you successfully apply for a trademark registration? Yes. Will, the trademark application process, cost you a lot more than if you chose an original name? Absolutely. The USPTO Trademark Examining Attorney will conduct a trademark search on your trademark, and that search is not limited to the USPTO TESS system. Since federal trademark registration is based upon use and not registration, a property trademark search will include all state business name registries, as well as domain names, product names and descriptions for online stores, google search results, and even dictionaries. Any conflicting or similar uses will be used to reject your trademark application, and it will be up to the person applying for the trademark registration to explain why the cited uses are not a bar to registration of the logo or name or word that is the subject of the trademark application.
2. Check the USPTO Trademark Electronic Search System (TESS)
Even though trademark registration is not required for a trademark owner to have trademark rights, it's still important to make sure your business name is not already registered in the USPTO. If someone has already registered the mark, why fight for it? It'll be expensive and generally a waste of resources. Just make sure you know how to conduct a proper USPTO TESS search. It's not intuitive to those unfamiliar with trademark law.
3. Search Similar Trademarks
The standard for infringement of a trademark is the likelihood of confusion. That means that merely changing the spelling or pronunciation of a word won't work to shield an applicant from potential trademark infringement. In other words, the USPTO's Examining Trademark Attorney will see and consider "momma" and "mamma" to be identical. "Goodnight" and "good night" are also identical, as are "black" and "blaque." So, any search you conduct should include similar sounding marks as well as marks that are written similarly.
4. Make Sure You Own the Copyright
If you purchased your trademark from a third party on a website like Fiver.com, Etsy.com, or 99Design, you might want to doublecheck to ensure that you own the mark. If that designer has sold the same mark to others in similar industries or that are selling related services or products, you will only be able to rightfully own the trademark if you were the first one to use it. Even then, the subsequent users will have some rights that reduce any rights that you may have should you be allowed to receive a trademark registration. (Don't buy pre-made trademarks or branding packages. It's easy, but you can never own them.)
5. Is Your Business Name a Trademark or a Service Mark?
A business name is considered a trade name and not a trademark, or service mark. Trademark law does not protect business names. Trademarks are words, logos, phrases and the like that indicate source to the public. Trademarks are generally associated with services and products, not business names. To qualify for federal trademark registration, the business name must be used to identify the business' goods are services from those of others, and not merely as the name of the company. Providing a proper trademark specimen will be key.
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
I’m on YouTube!
Ahaji Amos, PLLC
#trademarks #womeninip #womeninbusiness #mochapreneurs
