Entries by Yuri Eliezer Esq.

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What Is a Patentability Opinion?

A Patentability Opinion provides you a Patent Attorney’s professional determination of the likelihood your idea, invention, or invention will be granted patent. The Patent Attorney first performs a Patent Search and then applies legal standards and case law for Patentability to determine if your innovation may be patentable in view of the patent search results. […]

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When Should I Do a Patent Search?

Most of us like to feel that we were the first to have conceived of our great idea. Before investing the time and resources into applying for a formal, non-provisional patent, it is good to know if there are any other patents or publications disclosing something similar to your idea. Ultimately, this information will help […]

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What Is a Patent Search?

A Patent Search is a search of the United States Patents and Publications (USPP) database to see if there are any Patents or Patents Pending disclosing something similar to your invention. There are two types of searches; keyword searches and a class/art unit search done within the USPP Database. Unlike most Patent Search providers who […]

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What Is the Enablement Requirement?

Code section 35 U.S.C. 112, known as the Enablement Requirement, reads: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with […]

Is My Idea Patentable?

Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the […]

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How Do I Disclose My Idea?

As you may know, our patent laws changed last year – the law now gives patent priority to the first person to file a patent application on an idea. Before, the law allowed inventors to prove the earliest date that they conceived an idea (in this way, even if the inventor wasn’t the first to […]

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What Is the America Invents Act (AIA) – Patent Reform?

With the passage of the “America Invents Act” (AIA), the United States government has decided to conform its patent laws to the international “First-to-File” standard. Essentially, this standard awards the inventor who first files his idea or invention to the United States Patent and Trademark Office (USPTO). As long as the innovation was not previously […]

What Does My Free Consultation with a Patent Attorney Include?

SmartUp® is an organization committed to promoting the development and progress of inventors, entrepreneurs, and start-ups across the nation. To show our commitment, every Patent Attorney affiliated with SmartUp® agrees to provide you with a free consultation – you don’t pay a dime. We respectfully ask that you limit your discussions to the specific question […]

What Is a Patent?

A patent is a document that discloses an invention to the public. In exchange for disclosing the invention to the public, the U.S. government grants the inventor rights to exclude others from making, using, or selling the invention claimed in the patent for a period of 20 years. There are a few types of Patents: […]

What Does SmartUp Provide?

Our online platform guides you in preparing the documents you need to secure a patent and then connects you to a patent attorney who will optimize, formalize, and file these documents for professional patent pending coverage. The online platform takes care of all of the administrative formalities in the patenting process so that attorneys can […]