James Yang, Patent Attorney
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James Yang assists inventors, start ups and medium sized businesses to protect their ideas so that they can gain a competitive edge. Attorney Ranking
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Strategic Use of a Deficient Office Action in US Patent Prosecution
By Michael Kondoudis A number of practitioners advocate resolving the issue of a deficient Office Action by calling the Examiner to request a new Office action. This approach, they say, is cost-effective and obviates the need to advise the Office that finality is precluded. I do not disagree that this approach should resolve the issue. I do, however, submit that in some circumstances the inclination to call the Examiner could squander what can be a significant tactical advantage. Think about it. What might you do to rejected claims if you knew that the next Office Action could not properly be made final? I believe that the best way to explore this issue is by an example. A significant number of
Posted in Patent process
Five Changes to Patent Law Every C-Level Decision Maker Should Consider
Five Changes to Patent Law Every C-Level Decision Maker Should Consider By Darin M Klemchuk On September 16, 2012, the Leahy-Smith America Invents Act (AIA) was signed into law, ushering in a wave of reforms to the current U.S. patent system. It is important to understand how changes to both patent prosecution and litigation may affect business operations going forward. 1. The U.S. has changed from “First to Invent” to “First Inventor to File” patent system. The U.S. currently follows a “First to Invent” system in which rights to an invention belong to the first person to conceive of the idea and diligently reduce it to practice. Even if somebody else subsequently came up with the same idea and filed
Steps Every Company Should Take to Protect One of Their Most Valuable Assets
By Darin M Klemchuk In the 21st Century, intellectual property (IP) represents one of the most important assets for companies. The amount of trade secret misappropriation alone is staggering. According to Thomas Heed in “Misappropriation of Trade Secrets: The Last Civil RICO Cause of Action that Works” published in The John Marshall Law Review,”Corporate loss estimates from misappropriated trade secrets are estimated by various sources to be between $1.8 billion and $100 billion annually, and the frequency of incidents seems to be rising.” One of the best ways a company can protect its IP is through employment agreements with employees and service agreements with independent contractors. The following summarizes why each particular type of IP needs to be protected by
Posted in Ownership
The Four Types of Intellectual Property
By Joseph Devine Intellectual Property If you own a business or are thinking about starting a new business, you should familiarize yourself with what is known as intellectual property. Intellectual property is a phrase used to describe certain legal rights that people may hold over “creations of the mind,” such as works of art, writing, inventions, designs, ideas, music, or choreography. There are four main types of intellectual property — copyrights, patents, trade secrets, and trademarks. Copyrights A copyright is a form in intellectual property that protects the original authors of both published and unpublished creations. The rights of authorship for these works remain solely the possessions of the originator for a specified period of time under copyright law. Once
Posted in Types of patents



