Edel Patents LLC

Patents and trademarks can be complicated.

An experienced Baton Rouge patent attorney can bring some clarity.

With these guides, video walk-throughs, and a consultation you will be ready to meet the challenge.

john@edelpatents.com | (225) 302-8559

Baton Rouge Intellectual Property Attorney, 2020
Edel Patents on YouTube

Types of Intellectual Property:

patents
Patents as type of intellectual property

New and useful inventions and designs

like:

  • a drill bit that cuts faster,
  • a new chemical,
  • a new medical testing device,
  • a new piece of industrial equipment or
  • an ornamental design for a new product
copyright
Copyright as type of intellectual property

Original works of authorship fixed in a tangible medium of expression

like:

  • a new song recording,
  • photographs,
  • graphic design work, or
  • a sculpture

Ask for a Referral

trademarks
Trademark as type of Intellectual Property

Markings or indications that identify the source of goods or services

like:

  • a prominent logo on a product’s package,
  • a stamped mark on a metal product,
  • a mark used on an ordering page for a product, or
  • a mark used in advertising a service

Trade Secrets
Trade Secret as type of Intellectual Property

Commercial secrets that provide competitive advantage

like:

  • a secret manufacturing technique,
  • a secret recipe, or
  • a corporate client list, or
  • proprietary software

Ask for a Referral

Flat Fee pricing

John offers flat fee pricing including fixed fee patent application preparation.

Serving Small Businesses and Inventors

Edel Patents’ primary clientele are small business owners and inventors. Fixed fee services are just one of the ways that John works to strike a balance between quality work and controlling legal fees for clients.

Practice Areas

For over a decade, John’s two primary practice areas have been patent applications and applications for federal trademark registration.

Former Patent Examiner

John Edel is not a litigator but would be happy to connect anyone with a Baton Rouge intellectual property attorney that handles patent, copyright, trademark, or trade secret litigation. If you are interested in copyright registrations, many people decide they don’t actually need to register or can handle a copyright registration without the help of an intellectual property attorney after visiting the Copyright Office frequently asked questions page.

Patent Consultation, Need-to-Know Info
Edel Patents on YouTube

Experience, John Edel

10 years Intellectual Property Experience
  • Graduated from LSU in Chemical engineering and worked as a process engineer at the Monsanto chemical plant in Luling, LA prior to attending the LSU Law Center.
  • Started his career in patent law as a patent examiner at the United States Patent and Trademark Office.
  • Practiced intellectual property law in Baton Rouge for over a decade.
Cost Control

John helps small business and individual inventors keep patent costs reasonable by carefully managing the scope of legal work and offering flat fee pricing.

Patents, Getting Started

Free Patent Search Help

Simple Patent Search Using Google Patents
Edel Patents on YouTube

Patent Search Tools

Patent Search with Google Patents, a fast simple and user friendly patent search tool.

Simple
Fast
User Friendly

Patent search at the United States Patent and Trademark website. This search is a Boolean Patent search of US patents.

Boolean Searching
US Only

Patent Search at the Espacenet website of the European Patent Office. This is a relatively broad patent search with great classification search tools.
Espacenet

European Patent Search
Broad Searching
Good Classification Searching

Patent Search Turning Point
Edel Patents on YouTube
Disclosures are Dangerous!

You can’t get much more upset that an inventor who just found out they ruined their chance at a patent. More times than not, that inventor has a disclosure problem.

Secret inventions don’t have disclosure problems

Avoiding disclosure problems is simple. Don’t disclose your invention until your patent application is filed.

Anything you say can and will be used against you in a court of law.

-- Miranda Warning
(Until you know how a disclosure effects you it is better to be safe than sorry)

But, none of that matters if your invention isn’t new. …

Answers to Patent Questions

Is My Invention New?

Novelty is measured from the application filing date. Almost anything in the known world can be used against an application as of its filing date.

Don’t wait to find out if your invention is new. Do your own patent search.

Whether you search or not, it is a good idea to at least consider getting a professional third-party search or having your attorney do some searching for you.

You want to find the best prior art (closest document) for two reasons:

  1. If you find the document that proves your invention is old you can save a lot of money.
  2. If you find the closest document, but your invention is still new, you can write your application to make a patent grant much more likely.

But, a search does not matter if your own disclosure kills your potential patent rights …

Should I stay quiet?

Confidentiality is exceptionally important prior to the filing of a patent application. (see “Disclosures are Dangerous!” above)

Can I trust an attorney with confidential information?

When a Baton Rouge patent attorney receives confidential information for the purposes of giving a client or potential client advice about an invention, that information is automatically treated as confidential based on both state and federal ethics rules.

Outside of an attorney-client relationship there is no such guarantee. Nondisclosure agreements can be used to manage confidential disclosure outside of the attorney-client or attorney-potential-client relationship.

Deep Dive, My Patent Blog

John Edel has a separate dedicated site providing free inventor resources and patent information to small businesses and inventors: BatonRougePatentAttorney.com.

Types of Patents

Example image from a Plant Patent
Plant Patents

Protects an Asexually Reproduced Distinct and New Variety of Plant

Relatively Inexpensive Compared to Utility

Example image from a Utility Patent
Utility Patents

Protects any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof

Relatively Expensive to Obtain Compared to Other Types

Example image from a design patent
Design Patents

Protects the Ornamental Appearance of an Article of Manufacture

Relatively Inexpensive Compared to Utility

Provisional v/s Non-Provisional

Utility patent applications may take two forms, Provisional and Non-Provisional.

Example image showing the relative informality of a provisional patent application.
provisional patent application

(A ‘Get Your Foot in the Door’ Patent Application)

Lower Formality Requirements
Lower Attorney’s Fees
Lower USPTO Fees
No Formal Patent Examination
Expires after 12 Months
Does Not Directly Result in a Patent Grant

Example image showing the relative formality of a non-provisional patent application.
Non-provisional patent application

(A ‘Genuine Request for a Patent’ Type Application)

Higher Formality Requirements
Higher Attorney’s Fees
Higher USPTO Fee
Is Examined by a Patent Examiner
Must Engage in Examination to Keep Alive
Can Result in a Patent Grant

Edel Patents LLC
8550 United Plaza Blvd. Suite 702, Baton Rouge, LA 70809
225.302.8559 office  |  225.229.1459 cell

When to Seek Investors

If you take seriously the need to avoid disclosures, seeking investors before an application is filed can be difficult.

After a patent filing is a much better time to seek investors. But if you cannot wait, nondisclosure agreements are a way to navigate the pre-filing challenges relating to investors.

Is a Prototype needed?

Prototypes are not required for a patent application, but you do need to be able to explain how to make and use the invention to your attorney.

Prototypes are still valuable. They can help you better understand the parts of your invention that need protection.

How long does it take to get a patent?

It can take 2 to 5 years to get a patent granted from the application filing date. But you don’t need to wait until a patent is granted to start commercializing.

Make the most of the delay

If it takes 18 months to get the USPTO’s first office action, then that is a great time to evaluate whether the invention is commercially viable. If no one is interested you don’t have to pay for more patent work.

How much does it cost to get a patent?

Most of the cost of a patent is attorney’s fees. Attorneys may not publish their rates, but you can call to ask:

  1. What is your hourly rate?
  2. How much do you typically charge for a non-provisional patent application?
  3. How much do you typically charge for responding to an office action?
  4. Do you offer fixed fee services?

Just remember: If the scope of work starts to expand, your bill will probably start to expand also.

Call (225) 302-8559 or email john@edelpatents.com for cost estimates and a free 15 min. phone consultation

A $10,000 Trap

Not all attorneys are equally skilled in getting patent examiners to agree to grant a patent. The difference between 2 and 5 office action responses can easily be $10,000. Ask your potential patent attorney how they work toward a patent grant without too many office action responses. This process is generally poorly understood by clients but has a lot to do with the total cost that clients pay for patent work.

When is an invention ready for patenting?

Do you need a Prototype? Drawings? Experiments?

You don’t need a prototype, drawings or completed experiments to start working with an attorney, but drawings will probably be made in the patent application process.

The big Test:

Prototypes, drawings and experiments are secondary to the real requirement …

A patent application must teach how to make and use the invention.

Paraphrase of 35 U.S.C. 112

What are the steps in the application process?

Every application is different, but below is an example of some significant steps for how a non-provisional application might progress to and through the USPTO.

  • Inventor does a brief patent search
  • Initial phone consultation with attorney
  • In person phone consultation with attorney
  • Attorney hired through engagement letter
  • Upfront fee is collected
  • Applicant provides a full disclosure of the details of the invention
  • Optional additional patent searching Attorney prepares a draft of the application
  • Attorney and client work out the final details for the application
  • Attorney files the non-provisional application
  • 18 month wait for examiner to take up the application
  • Examiner begins the prosecution phase of the application by issuing an office action rejecting all claims (the most common response from the patent office)
  • Applicant replies to the office action both amending claims and making arguments as to why the invention is new and deserves a patent.
  • Examiner issues a final office action rejecting claims and objecting to claim with an indication that some claims may be allowable if appropriately amended.
  • Applicant replies to the final office action with appropriate amendments seeking issue of certain claims.
  • Examiner issues a notice of allowance requiring the payment of an issue fee for the granting of the patent.
  • Applicant’s attorney pays the issue fee.
  • The patent grants.

There are so many variations and potential complications in examination that the bullets presented in italics are far more speculative than the earlier bullets.

Can I use an invention submission company?

I have never had a client say they were happy that they used an invention submission company.

Invention submission companies may be scams, but they are more commonly just horrible value propositions selling wildly overpriced marketing, search and consulting services.

Never Forget:

Invention disclosures can lead to a loss of potential patent rights, so don’t pay someone to ruin you chances of getting a patent.

Are They a Scam?

The USPTO and Federal Trade Commission (FTC) tracks complaints about invention submission companies. Read and find out yourself:
(WARNING: Many of these companies go bankrupt and reappear under different names.)

The Free Phone Consultation

You can find out:
  • Cost Information
  • A better idea of what to expect

The first step is calling an attorney. John, a Baton Rouge patent attorney, offers a no charge initial phone consultation that gives basic information and often sets up a reduced-fee in person consultation in his Baton Rouge office.

225-302-8559
You will learn about:
  • Attorneys fees for a patent or trademark application.
  • Patent and Trademark Office fees
  • How John handles applications
  • Patent and Trademark Office rules
Set up a Free Phone Consultation Now:

Just click the button and let me know:

  1. Your full name
  2. Your telephone number
  3. When you have a free 15 minutes for a free phone consultation.

(button opens a real email, not a web form)

The In-Person Consultation

What do you need for an in person consultation?

The two things most helpful in an initial consultation are:

  1. Whatever drawings and explanation will help you explain your invention to the attorney.
  2. The best information you have about the closest prior art. (i.e. a document you found in your search)

#2 is particularly important if you care about the answer to the question “can I get a patent?” Why? That is the same type of information an examiner would use to determine if you can have a patent.

When you meet with an attorney you can find out:
  • How the patent office might treat your invention
  • A potential path forward for seeking patent protection
Discounted In Person Consultations

After the initial phone consultation the next step is consultation that is a flat fee, reduced rate, in person consultation.

I look forward to hearing from you!

john@edelpatents.com | (225) 302-8559