China Patents Q & A – Part 2 of 4

Q & A from one of Colorado’s most experienced Patent Attorneys, Denver‘s Mark Trenner.

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Interviewer:I see that the article says two of these patents were granted for battery designs, perhaps for a Retina MacBook Pro.

Patent Attorney: Yes, and four of the patents were related to design elements of the MagSafe connector used for the MacBook Pro. The other patents were for other design components.

Interviewer: So are design patents more important than utility patents?

Patent Attorney: It is important to understand, that design patents only protect the ornamental appearance exactly as pictured and nothing more (perhaps trivial variations). This means that design patents are typically considered to offer less protection than a utility patent.

Interviewer: Which type of patent application – design or utility – should inventors consider then?

Patent Attorney: Some inventions may be the subject of both a utility patent application (for the function) and a design patent application (for the ornamental appearance). A patent attorney can help business owners make the appropriate decision, and even seek both design patents and utility patents, where possible, to create overlapping protection, and fully protect all aspects of the invention.

For Part 3, see China Patents Q & A – Part 3 of 4

China Patents Q & A – Part 3 of 4

Colorado Patent Lawyer Mark Trenner answers questions regarding the Apple’s patent issues in China.

Watch 8 minute Video of Interview With Denver Patent Attorney Mark Trenner

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Interviewer: Back to China. Of course, the Chinese market is important to big companies like Apple who have a huge presence in Asia, and want to continue to grow their presence.

Patent Attorney: The potential market cannot be ignored by big companies such as Apple. But the article also says that, China’s lax enforcement of patent law has presented challenges to Apple.

Interviewer: I’m sure we’ve all seen the news clips of blatant infringement – both patent and copyright infringement – in China.

Patent Attorney: Right, and while the article acknowledges these challenges, the article also explains how Apple is taking proactive steps to secure patents in China. But let’s remember that Apple is a big company.

Interviewer: Right, so does it make sense for small businesses to pursue patent protection in China?

Patent Attorney: Almost all businesses operate in a global economy today. But is it worth it for all businesses to pursue patents in China, or to pursue patents in any country outside of the United States for that matter? It depends on the business’s market for their product. And not just their current market. Remember, patents can be valid for many years, even a decade or longer. So it is important for businesses to consider their potential market.

For Part 4, see China Patents Q & A – Part 4 of 4

Attorney Discusses Patents vs Trade Secrets – Part 1 of 3

Attorney In Colorado Discusses Patents vs Trade Secrets – Part 1 of 3

Introduction: This morning we are interviewing Denver-area patent attorney Mark Trenner. Mark has been practicing as a patent attorney in Colorado for almost 14 years; the past 9 years at Trenner Law Firm. While his practice focuses primarily on helping small businesses protect their inventions with patents, Trenner Law Firm assists clients build out all aspects of their intellectual property portfolio, including copyrights, trademarks, and trade secrets.

Interviewer: The National Law Review recently published an article that appeared in the Orange County Business Journal titled “Trade Secret or Patent – The Choice is not Always Simple.” Please start by explaining the difference between a trade secret and a patent.

Patent Attorney: Sure, a trade secret is anything that can be maintained as a secret. If it can be reverse engineered, then it can’t be protected as a trade secret. So for example, a recipe might be protected as a trade secret. Think of the Bush’s Baked Beans commercial.

Interviewer: Where the dog wants to give away the family recipe.

Patent Attorney: Right, and the owner always stops the dog just in time. That’s because if the recipe were to be broadcast on national television, it would be considered to be in the public domain and no longer subject to trade secret protection.

For Part 2 of 3, Follow This Link: Attorney In Colorado Discusses Patents vs Trade Secrets – Part 2 of 3

Attorney Discusses Patents vs Trade Secrets – Part 2 of 3

Attorney In Colorado Discusses Patents vs Trade Secrets – Part 2 of 3

Interviewer: And what about patents?

Patent Attorney: Well patent protection is afforded by the government for inventions for a given time period – typically 14 years for design patents and 20 years from the filing date for utility patents. But this protection is granted in exchange for what is sometimes called a “limited monopoly.” That is, the patent owner has the exclusive right to make, use and sell the invention in the United States during the term of the patent. And in exchange, the government requires that the patentee disclose every aspect of the invention.

Interviewer: I see, so a patent is really the opposite of a trade secret.

Patent Attorney: In a way, because the inventor is required to disclose the invention in sufficient detail that someone having ordinary skill in the art can practice the invention.

Interviewer: Based on the difference between patents and trade secrets, the choice seems self-evident.

Patent Attorney: You mean that you can only apply for a patent for something you can’t trade secret – and you can only trade secret something that you can’t patent. Not necessarily.

Interviewer: I guess that’s why the article says “The Choice is not Always Simple” right?

Patent Attorney: The article supports what you just said – that in some cases that not every type of information can be protected by patent, or trade secret, or both. But as the article correctly explains, sometimes the information may be capable of being protected both by trade secret and patent, but not both at the same time.

Interviewer: How so?

Patent Attorney: The article explains that it may be wise to publish the relevant information. Publication should prevent others from applying for patent protection for the same invention.

For Part 3 of 3, Follow This Link: Attorney In Colorado Discusses Patents vs Trade Secrets – Part 3 of 3

Patent Attorney Consultation

Can I Schedule A Free Patent Attorney Consultation?

The first thing nearly every caller asks me is “can I get a free patent attorney consultation?” But what exactly is a free consultation. Most callers think that a “free consultation” means “free advice.” Most patent attorneys are not going to give free advice at an initial consultation. At least not the type of advice that’s going to allow you to resolve your issue without having to go through an attorney.

You may be thinking that a patent attorney won’t give you free advice because they don’t want you to go out and do it on your own. Not quite.

Representing Yourself at the Patent Office or “Pro Se”

You are legally entitled to represent yourself in most (if not all) legal matters under the U.S. legal system. Of course, that generally is not a good idea. Even a patent attorney shouldn’t represent themselves in a criminal matter (or other matters they have no experience with). Indeed, many would say that even a criminal law attorney should not represent themselves in a criminal matter. There’s many reasons for this. For example, a personal attachment to a matter can keep you from thinking objectively.

Free Patent Attorney Consultation

Before I get off track, let’s come back to that free patent attorney consultation. I can’t speak for other patent attorneys. But I have worked at several law firms, and I know what my free consultation provides.

A free patent attorney consultation is going to include a broad overview of the US Patent Law, and some of the options that may be available to an inventor to protect his or her invention. For example, I might explain what a prior art search (or patent search) is and why it’s generally a good idea to do a patent search. I might also explain the difference between a design patent application and a utility patent application. I might also explain the option to file a provisional patent application. And of course, we’ll go over deadlines for filing.

All of this information is available for free on the internet. The U.S. Patent Office has a lot of information on their website. In fact, the US PTO probably has more free information about filing a patent application than any other single website out there, including information about filing a patent application pro-se (or “on your own”). But even the US PTO highly recommends working with a patent agent or patent attorney to file a patent application.

So to answer the question “Do you offer a free patent attorney consultation?” The answer is “Yes.” I am more than happy to discuss general information about patent law and various options. Will I give free advice? Absolutely not.

There is no single answer to any question. There are options, and the choice of one person will not necessarily be the best choice for somebody else. Therefore, I will only give a client advice specific to their matter once I have a full understanding of their matter, and how they wish to proceed.

You may be thinking, “How do I know Trenner Law Firm is right for me?” I understand, Trenner Law Firm is not the right law firm for everyone. That’s why I am more than happy to spend 15 or 20 minutes on the phone with you, to answer basic questions about my law firm and how we operate. Yes, I will even give a flat fee quote for various projects we might be able to assist with. By the end of this call, you should have a good idea whether Trenner Law Firm is a good fit for you, and whether we are even accepting new clients.

Hiring a Patent Attorney – After The Free Consultation

How can you make a decision how to proceed based only on a general information call? Click here for some questions to ask when deciding to hire a patent attorney.

That’s why at Trenner Law Firm, we also offer an Intellectual Property (IP) Strategy Session. This is an in-person meeting, during which we will discuss specifics of your matter, and the options available, the cost, and answer any specific questions you may have. By the end of this meeting, you should have enough information to make an educated decision about how best to proceed.

If you’re interested in a free patent attorney consultation by phone, or to schedule an Intellectual Property Strategy Session, please call 720-221-3708 and ask to speak with patent attorney Mark Trenner. If you’re ready to start, click here to learn more about our Online Patent Law Firm.

Inexpensive or Cheap Patent Application

One of the most common questions I get is: “can I get an inexpensive or cheap patent application?”

There are lots of advertisements for cheap patent applications

So-called “patent mills” seem to come and go like the wind. There are even high-profile patent mills that advertise on TV. They’re on TV, so they must be good, right?

Would you trust just anybody with your money? Would you trust just anyone to operate your business?

Probably not.

So why should you trust just anyone with protecting your invention?

And that’s basically what you are getting when you want an inexpensive or cheap patent application.

Now you might be thinking, is there no in between? I either have to go with a patent mill or overpay some fancy lawyer to help with my patent application.

No, that’s not the case at all. Sure, there are plenty of patent mills out there that crank out large volumes of patent applications (perhaps at the cost of quality). Just like there are plenty of fancy lawyers waiting to charge you an hourly rate billed out every 5 minutes (yes, your next bill will include that 10 minute phone call).

But there are plenty of small patent law firms to choose from. These smaller (often called “boutique”) patent law firms can typically provide the quality you would expect from a larger law firm, at a lower cost. Often, the lawyers at smaller patent law firms will also be more accessible to their clients.

In fact, if you work with a solo patent attorney (a single member law firm), you will most likely work directly with the patent attorney. While I can’t speak for all solo patent attorneys, I can tell you that’s the experience Trenner Law Firm strives to provide.

Now back to the original question – can I get an inexpensive or cheap patent application?

These are relative terms. What may be considered inexpensive by some is obviously expensive to others – depending on a wide variety of factors such as your income or how valuable the invention is. It also depends on what you need. Learn about the provisional patent application option in this video.

I can tell you that Trenner Law Firm offers quality patent applications and competitive prices. I am happy to talk with my clients to answer questions about their project – without charging for a 5 minute phone call. I am happy to make revisions to a draft of their patent application, without exceeding the flat fee I quoted. Trenner Law Firm offers all this and more. I call this VALUE.

Learn how you can work with a patent attorney through our online patent law firm. Or apply today to start working with a patent attorney.

Can I get a Patent? Inventors want assurances their patent will issue.

Inventors often want to know “Can I get a patent”. Or does my law firm somehow guarantee that they will be issued a patent (or refunded some or all of their money if their patent application is refused).

Inventors are not guaranteed a patent.

The US Patent Office does not guarantee that a patent will issue for every application filed. Nor does the US Patent Office issue refunds if a patent application is denied. To the contrary, they charge more fees to continue examination after a Final rejection. Even if the Examiner makes a mistake, the US Patent Office will not issue a refund. The US Patent Office only issues refunds in limited circumstances. Read the USPTO Refund Policy.

So why would a law firm guarantee a patent will issue?

Perhaps there are some patent law firms that will offer a full or partial refund if your patent application is denied. However, I am not aware of any that do. My law firm does not.

Am I being greedy? No, my law firm is a business. I get paid to help you prepare and file patent applications with the US Patent Office. It takes my time and effort to do this work.

Law Firms are not Inventor Insurance

When you work with a law firm, you are hiring a patent attorney to provide services, regardless of outcome. If a law firm guaranteed you would be issued patent, first, the law firm would only file patent applications for inventions they were willing to take a risk with. Just like car insurance won’t insure someone with a lot of accidents. This would result in many inventors being turned away from possibly patenting their invention.

Second, the law firm would charge a lot more to do the same work. The law firm would have to hedge its bet, so-to-speak. For every refund the law firm offered, it would have to make that back on the patents that did go through to issue. So for those, the applicant would have to not only pay for their patent application, but for the failed applications.

Is that fair? No. That’s why (at least at my law firm), patent law firms do not guarantee that a patent will issue for your patent (or issue a refund if a patent application is rejected).

Visit our online patent law firm to learn if we can help.

Dealing with Patent Violation

denver patent attorney

Dealing with Patent Violation

If you suspect that your patent has been violated, you may be wondering what the next step is. Unfortunately, patent infringement tends to be part of life where inventions and ideas are concerned, but this does not mean that you cannot take action if you feel that you have become a victim of it. Patent Infringement can come in many forms, including manufacturing and selling products without authorisation, and even importing into country an invention that violates a patent owner’s rights.

Putting Patent Infringement Right

Whilst the idea of putting things right may seem intimidating, a patent attorney can provide you with expert help and support when it comes to seeking justice and ensuring that patent violators agree to cease and desist their actions. Fighting patent infringement may involve in an injunction being applied for, and very often, damages are awarded to compensate the victims of a violation. If an infringement case does to court, the validity of the original patent may be thrown up into question by the defendant and the team representing them. They are inevitably likely to claim that the product that they manufactured, sold and/or imported did not infringe the product in question. This is why the work of a patent attorney is so important, and also explains why the wording in an original patent is so important.

Get Accurate Advice

In the legal world, brand names, music tracks and many other creative works are known as ‘intellectual property’, and since the advent of the online world, the concept of intellectual property has become more and more important. Creators of ideas face a constant battle to ensure that their works are not used illegally. When you seek help from any business that specialises in offering support for intellectual property and patents, you can expect to receive the utmost levels of help, advice and support. The world of intellectual property can be very complex, and many businesses and individuals have found themselves unwittingly stealing ideas from others, being forced to face the consequences even if rights violations only came about accidentally. Many people agree that copyright, intellectual property and patent law can be so complex that sourcing outside help from UK IP lawyers is a must if you are outside of the US. Meanwhile, with the right legal support behind you, you can free up time to focus on what you do best, safe in the knowledge that the experts are working hard to ensure that you stay on the right side of the law – and that others are not violating your creative rights too.

Nurture Compliance with a Patent Attorney

Things like Non-Disclosure Agreements can also protect you from your ideas being leaked by people that are working alongside you on something. Intellectual Property rights are known as IP rights and once you do have the IP rights to creative work you can deter others from even attempting to use your ideas without your permission. Most of the time, polite requests for compliance are enough, particularly in the UK but if not, a patent attorney in London can support you.

Press Release – Trenner Law Firm registers trademark for "ipatentattorney"

Trenner Law Firm has been using the trademark “ipatentattorney” for nearly two years to identify the unique intellectual property law and other legal services. This month, we received notice from the U.S. Trademark Office that a federal trademark registration will be granted in the coming weeks. A federal trademark registration serves as nationwide notice that Trenner Law Firm claims exclusive right to use the mark “ipatentattorney” throughout the United States.