Childs Patent Law

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.

What Patent Application Filing Strategy Should You Use If You’re Ready To Sell? Not all entrepreneurs fit the startup mold. Many businesses have the money they need and plan to sell their invention within 1-6 months.

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).

What Patent Application Filing Strategy Should A Startup or an Entrepreneur Use? 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.

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.

What Does “Patent Pending” Mean? 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.

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.

Can You Protect Your Invention Outside of the US? You can protect your invention outside the US, but you will have to file for a patent application in each country that requires protection.

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.

Is a PCT Application Right for You? One of the common decisions that startups and entrepreneurs have to make is whether or not to file a PCT application.

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/

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.

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/

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?

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:
https://childspatentlaw.com/how-quickly-can-you-get-a-patent/

How Quickly Can You Get A Patent? 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.

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/

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.

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/

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/

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/

The usual short legal answer is no. You do not need working examples to patent an invention in the USA. However, that is a dangerous and often impractical answer.

In my opinion, the answer to this question varies by country.

Click here to read more: https://childspatentlaw.com/should-you-have-working-examples-to-patent-your-invention/

Need to Patent Your Idea?

There are NO second chances in Patent Law.

Get our FREE eBook before it’s too late. First 100 downloads are free!

Turn Your Ideas Into Assets | Houston Patent Attorney | Patent Law | William Childs Protection Your Invention and Avoid Getting Sued.

It’s not your fault. Most scientists and engineers have been conditioned for years or even decades of schooling to perfect their paper, verify their results, or optimize their yield or designs. Schools and even big businesses reward perfectionism. And of course, most businesspeople tend to rely on scientists and engineers to let them know when an invention has been discovered. Who would know better than an inventor when they have actually invented something?

Click here to read more: https://childspatentlaw.com/do-you-need-to-optimize-your-invention-before-filing-a-patent-application/

Your ideas suck if you can’t protect them.

Great ideas are not enough. You must protect them.

Get our free eBook and patent your ideas. First 100 downloads are free!

Protect Your Biotech or Life Science Invention | Houston Patent Attorney | Patent Law | William Childs Protection Your Invention and Avoid Getting Sued.

Happy New Year from Childs Law!

As we enter 2021, let's take a moment to reflect on the innovations that supported you through 2020. From COVID tests, vaccines to the electrostatic sprayer used to disinfect airplanes in between flight changes and more.

Set a new goal this year to protect your innovation and invest in your intellectual property. No matter how small or big your idea is, there is a way to protect it.

Call us at 832-621-0353 to schedule a complimentary consultation to talk about what you need to protect your invention.

Thanks to COVID-19, this has been a year like no other and I suspect that this will be a holiday like no other too.

Childs Law will be closed from December 22, 2020 to January 5, 2021.

Wishing you a Seasons Greetings and a Happy New Year. I hope that you and yours are safe and happy this holiday season.

I get calls from entrepreneurs all the time who want to know if they can patent their invention. And in true Patent Attorney fashion my answer is: well it depends . . . on the answer to this one simple question.

Click here to read more: https://bit.ly/2JMZZQQ

Want to Work Smarter, Not Harder?

Be smart and read our FREE eBook on patents. First 100 downloads are free!

Turn Your Ideas Into Assets | Houston Patent Attorney | Patent Law | William Childs Protection Your Invention and Avoid Getting Sued.

I get calls from entrepreneurs all the time who want to know if they can patent their invention.

I have 2 answers to this question: a legal one and a business one.
Click here to read more: https://bit.ly/3obPOnq

When is it TOO Early to file a patent application? I get calls from entrepreneurs all the time who want to know if they can patent their invention. I have 2 answers to this question...

Looking to Startup? You will need a patent.

Get our FREE Ebook to learn how. First 100 downloads are free!

Protect Your Biotech or Life Science Invention | Houston Patent Attorney | Patent Law | William Childs Protection Your Invention and Avoid Getting Sued.

Happy Thanksgiving from Childs Law!

This year has been a challenging year. Like so many of you, I will not be traveling to see family for Thanksgiving due to social distancing.

Yet I am still thankful.

Somehow, I have managed to . . .

Keep my patent law practice open
Not get COVID-19
Not lose any friends or relatives to COVID-19
Lose weight, and
Stay sane.

It was a combination of hard work, wise choices, blind luck, yet all of it is a blessing.

What are you thankful for?

Childs Patent Law updated their website address.

Hi everyone,

My FREE Webinar: "Learn about Patent Law and Being a Patent Attorney” is scheduled for this Saturday, November 21st at 3:20pm CST.

I have been invited by the Texas Taiwanese Biotechnology Association (TTBA) to give a FREE presentation about patent law and my experiences working as a patent attorney.

My presentation is part of a larger series of presentations by the TTBA regarding careers after graduate school.

Over 15 years ago, I was lucky enough to attend a similar presentation in graduate school, where a patent attorney spoke to us about his practice. I am delighted to have this opportunity to give back.

If you would like to register for FREE, follow this link:
https://bit.ly/3kL3mEx

I get calls from entrepreneurs all the time who want to know if they can patent their invention.

And in true patent lawyer fashion my answer is: Well, that depends… on the answer to this one simple question:

Can you tell me how to make and use your invention?

Click here to read more: https://bit.ly/3kJAlcn

There are NO second chances in Patent Law. Just ask Elisha Gray.

Who?

Exactly.

Click here to read more: https://bit.ly/38zYrDU

Will you win the race to the Patent Office? There are NO second chances in Patent Law. If someone files a patent application on your invention before you then you lose.

Hi Everyone,

I have been invited by the Texas Taiwanese Biotechnology Association (TTBA) to give a FREE presentation about patent law and my experiences working as a patent attorney.

My FREE presentation is entitled: “What You Need to Know About Patent Law” and is scheduled for Saturday, November 21st at 3:20pm CST.

My presentation is part of a larger series of presentations by the TTBA regarding careers after graduate school.

Over 15 years ago, I was lucky enough to attend a similar presentation in graduate school, where a patent attorney spoke to us about his practice. I am delighted to have this opportunity to give back.

If you would like to register for FREE, follow this link: https://www.eventbrite.com/.../texas-taiwanese....

As a patent attorney, I talk with inventors and entrepreneurs all the time. They will often mention that they have an NDA (non-disclosure agreement) that protects their innovation.

Then when I ask where the manufacturer, marketing guru, or code writer is located, they will say anything from a different state to a country on the other side of the planet.

NDAs are contracts, and like any contract you have to sue to enforce them. Click here to read more: https://bit.ly/34BaRsL

Of course, all employees, collaborators, and contractors should sign NDAS. That is standard practice.

But these are a few people you might not have thought of: MANUFACTURERS, ENGINEERING CONSULTANTS, AND TESTING FACILITIES

Click here to read more: https://bit.ly/31td1su

Who Should Definitely Sign NDAs? Who should definitely sign NDAs? All employees, collaborators, and contractors should sign NDAs. That is standard practice.