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Patents

The patenting process is lengthy and complex. You need a guide who can provide transparency about the process and the fees - and who can truly understand what you are releasing into the world. Our firm was founded based on the observation that patent attorneys are often limited in their understanding of the technology that their clients are designing. The Han Santos firm founders and several members of our patent team have engineering and software backgrounds. As a result, we can serve as both technical subject matter experts and legal counsel which allows for a discerning partnership uniquely qualified to accelerate your business goals.


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3 Types of Patents

Utility

Utility patents can be issued to anyone who invents or discovers any new and useful product, process, or machines. According to the USPTO, 90% of all patents are utility patents.

Design

Design patents can be issued to anyone who invents a new, original, and ornamental design for an article of a manufactured item.

Plant

Plant patents can be issued to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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Patents

Core services

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Patent Preparation & Prosecution

  • Invention harvesting
  • Inventor counseling
  • Domestic filing and drafting for United States Patent and Trademark Office (USPTO)
  • Foreign filing and drafting including Patent Cooperation Treaty (PCT)
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Team Highlights
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  • 450+ U.S. and foreign patent applications for major Fortune 500 companies. (Elliot)
  • Counsel for a telecommunications company’s response to Apple vs. Google litigation (Elliot)
  • Portfolio development counsel for a major national retailer (bert)
  • Co-inventor on 3 Microsoft patents (Pat)
Core Industries
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  • Electrical
  • Mechanical
  • Communications
  • Software
  • Aerospace
  • Virtual reality
  • Cloud computing
  • Payment processing
Technical Fields
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  • Wireless/cellular communication software and hardware
  • Signal transfer among mobile devices and access networks
  • Enterprise storage systems
  • Semiconductor/microelectronics including electro-mechanical devices
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Lifecycle of a US Patent

The invention is conceived.

The law does not consider who is “first to invent”. The USPTO distributes patents based on who is “first to file”.

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Invention Conceived

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Priority Date

The initial patent (parent) application is filed.

Due to the “first to file” system, companies are incentivized to minimize the invention gap – or risk losing intellectual property rights.

The application is filed at the patent office.

If no priority documents were filed, the File Date is the same as the Priority Date. Patents with large Priority Gaps are usually continuations.

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File Date

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Grant / Issue Date

The patent is published or issued.

In 2020, the average patent was granted 23.3 months after the patent was filed.

The first maintenance period.

The renewal fee is due 3.5 years after the grant date. The patent expires 4 years after the grant date if no maintenance fees are recorded.

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E1 Renewal

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E2 Renewal

The second maintenance period.

The renewal fee is due 7.5 years after the patent’s grant date. The patent expires 8 years after the grant date if no maintenance fees are recorded.

The third maintenance period.

The renewal fee is due 11.5 years after the patent’s grant date. The patent expires 12 years after the grant date if no maintenance fees are recorded.

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E3 Renewal

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Terminal Expiration Date

The terminal expiration date is 20 years after the grant date for patents filed on or after June 8, 1995. This is subject to terminal disclaimers and term extensions.

Invention Conceived



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The invention is conceived.

The law does not consider who is “first to invent”. The USPTO distributes patents based on who is “first to file”.

Priority Date



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The initial patent (parent) application is filed.

Due to the “first to file” system, companies are incentivized to minimize the invention gap – or risk losing intellectual property rights.

File Date



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The application is filed at the patent office.

If no priority documents were filed, the File Date is the same as the Priority Date. Patents with large Priority Gaps are usually continuations.

Grant / Issue Date



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The patent is published or issued.

In 2020, the average patent was granted 23.3 months after the patent was filed.

E1 Renewal



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The first maintenance period.

The renewal fee is due 3.5 years after the grant date. The patent expires 4 years after the grant date if no maintenance fees are recorded.

E2 Renewal



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The second maintenance period.

The renewal fee is due 7.5 years after the patent’s grant date. The patent expires 8 years after the grant date if no maintenance fees are recorded.

E3 Renewal



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The third maintenance period.

The renewal fee is due 11.5 years after the patent’s grant date. The patent expires 12 years after the grant date if no maintenance fees are recorded.

Terminal Expiration Date


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The terminal expiration date is 20 years after the grant date for patents filed on or after June 8, 1995. This is subject to terminal disclaimers and term extensions.


The Patents Team

Meet the team.

“From an intellectual property perspective, it is rare to find a law firm like Han Santos—one that does both the details and the high-level strategy with excellence. Pat Santos not only deeply understands technology and how to write solid patents that get issued; he also provides insightful strategic guidance.”
– Adina Mangubat, Co-Founder, Spiral Genetics