Intellectual Property: Patents / Trade Secrets
Think You Have a New Idea or Invention? A Patent Attorney is here to help!
First, you need a Patent Attorney! Call a Patent Attorney today! The call is free and completely confidential. All disclosures to a patent attorney are protected by the attorney client privilege.
Patent Application We Handle
- Provisional Patent Application- this is a utility patent application with provisional status. A provisional patent application remains on file with the USPTO for one year. On anniversary date of its filing, it will expire unless it is converted to a non-provisional application.
- Non-Provisional Patent Application- this is a utility patent application which will be examined by the Patent Office and which will form the basis for a patent.
- Design Patent Application- this application is for a new and non-obvious ornament or design. A design patent application is examined by the Patent Office and forms the basis for a design patent.
- International Patent Application- this is also called a Paris Cooperation Treaty application or PCT. The international patent application for design patents is filed under the Hague System for International Registration of Industrial Designs. Please note, these applications are not truly international. However, the examination process has been streamlined to make it more suitable for international review.
How Can a Patent Attorney Help?
We are on your side and we try to help you turn your idea into an asset that will work for you. A patent attorney can help you with your idea or invention in the following ways:
- A patent attorney is able to take immediate steps toward protecting or enforcing your inventor rights;
- A patent attorney can explain how the patent process works;
- A patent attorney can explain how you can obtain a patent pending status;
- A patent attorney may also be able to provide a non binding assessment of your chances in securing a patent;
- A patent attorney can usually also assist in identifying the right engineer or manufacturer for your device.
Did You Know?
- A design or a utility patent pending status is achieved as soon as the application is filed.
- A?patent pending status does not mean that the inventor has exclusivity in practicing the invention, but it does mean that?the inventor has initiated the process?that?is likely to result in a patent being issued on the?invention.
- While an application is patent pending, an inventor may not petition?for a court order to stop infringement (injunction), but?the inventor may put an infringing party?on notice of?the pending patent application. Once the?patent issues,?the infringing party would then be liable for treble damages, and in addition to that, the inventor may be able to recover a reasonable royalty for the entire period during which the application was pending, but not yet issued.
- Filing a provisional utility application for a patent is faster, less formal and cheaper than filing a non-provisional utility application. Ask the patent attorney for the difference between a provisional and a non-provisional application.
Planning to Get a Patent in More than One Country?
Filing in more than one county under the Paris Cooperation Treaty (PCT) is fraught with various rigid deadlines and formal requirements. Speak to a patent attorney today to ensure that your invention remains eligible for patent protection outside the United States.
Who We are?
We are patent attorneys. At Kaplan Law Practice, LLC., we focus on turning good ideas into protected inventions (Kaplan Law Practice will go to battle for you, but there are no guarantees). A good idea is a great business opportunity. A great business opportunity leads to financial success and security for you! But beware, success breeds emulators, wannabes and knock-offs, and that where a patent is going to be critical. A patent means that the inventor or assignee (one to whom the patent was assigned by the inventor) holds a monopoly or exclusive rights to manufacture and sell the patented product or service. If anyone tries to steal or squat on a patented idea, they risk stiff civil penalties and federal scrutiny, and may even end up reimbursing the patent holder for legal fees expended in enforcing the patent
Once a patent is issued, or even during the examination phase of your patent application, the inventor or the assignee may, license the invention for use by others. Licensing can be exceedingly lucrative. But the right agreement is essential. Here again, the patent attorney at Kaplan Law Practice, LLC., will assist the patent holder with drafting and negotiating the right contractual terms.
If this describes your situation, call us right away! When opportunity knocks on your door, we can harness it for you with effective contracts.
If you use or plan to use your invention to generate income, it needs to be protected with a patent!
Do not be tempted to conclude that your idea is too simple, too complex, has limited application or distribution potential. If you can turn your invention into a revenue stream, then you can be sure there will be others looking to do the same with your idea. To discourage knock offs, you need a patent. A patent gives you a limited term monopoly, or exclusive rights to produce, import and distribute the patented invention.
How much does a patent cost?
Less than you think, and probably less then what our competition charges. Kaplan Law Practice LLC will work within your budget and do its best to ensure that your rights to protect your inventions are not undermined by lack of funds. So do the right thing and include intellectual property into your startup costs. It is likely to turn into a very valuable investment.
More About Our Patent Practice
At Kaplan Law Practice, the experienced attorneys understand that an idea is one of the first steps to a successful venture.
It is a fact that having a patent, or even a pending application for a patent, significantly increases your chances of raising capital, securing investment or finding production and distribution venues. However, we understand that the startup phase is almost never synonymous with cash flow. But do not worry, we will still work very hard to get you the best patent you need to establish and safeguard your enterprise, and we will make every effort to keep our rates affordable. Flat fees and payment plans are available in most situations. Do take a minute to contact Joshua Kaplan of Kaplan Law Practice, to discuss your chances of obtaining a patent that you need and deserve. The firm maintains offices in Fair Lawn, New Jersey (Bergen County) and on Midtown Manhattan. So getting an appointment is never a problem.
Did you know that a Patent is not for everyone? That right, sometimes your idea is better protected if it is kept a secret. A trade secret is another method in protecting your invention without the requirement or a long patent process or a full public disclosure. However, one must be careful when trying to maintain and enforce trade secrets. Contact Kaplan Law Practice, LLC., today to discuss your options. Note that because of the nature of patent law, our patent practice extends beyond New York and New Jersey, to the other 48 states.
Prior Art Analysis
- In an effort to save you money and time, it is recommended that you perform a prior art search before filing a patent application. At Kaplan Law Practice. LLC., we perform thorough, world wide prior art searches to determine the state of the art relevant to your invention. We keep the?search fee artificially low to encourage investment into prior art searching and discovery.
Patent Drafting, Including Diagrams
- Kaplan Law Practice LLC., will work with the inventor on a one-on-one basis do develop an accurate description that does not?compromise?the overall scope of your future Patent. Over the years, we have developed’a unique approach to patent drafting and diagramming that results in broad and varied patent applications. To further save you money, we will accept your diagrams in exchange for a fee reduction, provided that these diagrams satisfy formal requirements and accurately depict your invention.
Due Diligence Studies
- Please contact us today if you are planning a business venture or setting up manufacturing or importation of products! Not doing sufficient due diligence research into existing prior art has entangled many promising businesses and ventures in litigation and expensive patent infringement lawsuits. If found to be infringing, you may be forced to pay heavy damages, legal fees and be required to cease or forfeit activity deemed to be infringing. Furthermore, in some cases, importation of infringing goods is a federal crime. A simple due diligence study can guide your business around such potential catastrophes or can put you on alert for possible future legal battles.
Responses to Patent Office Rejections
- Joshua Kaplan, Esq.,?is a Patent Attorney who will work with the Patent Office on behalf of an inventor to obtain a the broadest available patent rights. At the same time,?Joshua Kaplan, and the entire Kaplan Law Practice, will try to minimize prosecution costs by being prompt and efficient, and by exercising sensible strategy to achieve desired results.