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Alan Kendrick
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Alan Kendrick

San Diego Intellectual Property Law

San Diego, CA

About Alan

An intellectual property law firm dedicated to providing expert legal services at affordable prices. We are a full service trademark firm providing trademark clearance, risk analysis and strategy, trademark prosecution and registration services, opposition and cancellation actions, and trademark enforcement. ​The core of our patent practice focuses primarily on patent research for prosecution and litigation support in the aerospace, mechanical, industrial, energy, medical device, materials, food technology and automotive arts among others. We provide services for individuals, corp... Read more
Practice Areas

Intellectual Property
Licenses

Authority

Year

Status

California
Not provided
ACTIVE
Languages

English
Professional Experience

Nerac

Intellectual Property and Technical Research Analyst 2011 - 2014

Čermák Hořejš Myslil – Attorneys at Law and Patent Attorneys

Intellectual Property Attorney 2001 - 2004

Křiž & Bělina – Attorneys at Law

Contract/Project Attorney 2005 - 2006

Jacobs Engineering/Sverdrup Technology, Inc - NASA Contractor

Sr. Mechanical/Aerospace Systems Design Engineer 1991 - 2000

Private Practice

Intellectual Property Attorney 2006 - Present

San Diego IP Law

Intellectual Property Attorney 2014 - Present

Education

University of San Francisco: School of Law

JDGraduated in 1998

San Jose State University

BS - Aerospace Engineering, Minor in MathematicsGraduated in 1990

San Diego Mesa College

AA - Aviation OperationsGraduated in 1985
Contact Information

San Diego Intellectual Property Law

1765 Garnet Ave
San Diego, CA, 92109

Get directions

Services

Prior art search

Determine if your invention is novel before committing the resources necessary to obtain a patent.


US Trademark

Register a US trademark.


Copyright registration

Register your copyright to create proof of your copyright ownership and to aid you in fighting copyright infringement.


Trademark infringement letter

Demand that an individual or entity cease infringement of your trademark.


Copyright infringement letter

Demand that an individual or entity cease infringement of your copyright.


Hourly Rate

Hourly rates are the most common fee arrangement for legal services.


Services

Patent Knock Out Search

Knock out prior art research takes a broad look at the relevant technology to identify any protected prior art that would prevent the use of the proposed invention, or prevent the patentability of the invention as novel. It is a fast and cost efficient means to identify patented technologies that will likely block the patenting of the proposed invention. It provides an overview of the relevant technologies in an effort to access whether the invention is patentable as is, or whether modifications or further innovations will be required. A clean knock-out search may then be used as the basis for a full patentability search.


Trademark Prosecution

Fees start at $450 for a simple single word or letter combination mark for US registration.


Patentability Research

Patentability refers to the ability of an invention to meet the requirements for obtaining a patent. For an invention to be patentable, it must consist of patentable subject matter, be novel or consist of a novel step or improvement, be non-obvious to those versed in the art, and be useful or have utility. Patentability research will identify relevant patent references in order to determine whether the proposed invention is novel and non-obvious and therefore patentable. The research may also be used to support claims of utility. Patentability research will include a review of published patent applications and granted patents, either domestic, foreign or both, and may include a review of scientific, academic, technical, industrial, trade and business publications.


Trademark Knock Out Search

Fees start at $150 for US trademark applications and registrations for a simple single word or letter combination mark. A preliminary search, also known as a screening or knock-out search, will identify obvious issues in registering the proposed mark; e.g. it will identify prior identical marks that would prevent the registration of the proposed mark. A preliminary search is limited to a review of resources most likely to yield relevant marks with a minimum of search strategies. A preliminary search will eliminate or "knock-out" proposed marks that are clearly unavailable. In this respect, the preliminary research avoids the time and expense of a full trademark search. However, aside from a knock-out hit, a preliminary search alone will not be determinative of whether the proposed mark is available for use. ​


Freedom to Operate (FTO)

FTO research will identify published patent applications and granted patents that may expose the use of the proposed invention to claims of infringement. An FTO analysis will also identify relevant patents that have expired providing an indication of whether the elements of the proposed invention are now within the public domain. In this respect, an FTO may also be used as a basis for a patentability study.


Full Trademark Clearance

Fees start at $300 for US trademark applications and registrations, state and common law trademarks for a simple single word or letter combination mark. A trademark clearance is essential to the initial stages of developing and creating a trademark. A trademark clearance will identify prior use of identical or similar marks that may prevent the registration of the proposed mark. Performed in the early stages of mark development, a trademark clearance can prevent problems in the subsequent registration or use of the proposed mark.


Patent Invalidity Research

A patent invalidity search seeks to identify prior art that may be used to invalidate the claims of an existing granted patent. Typically, invalidity research is used to defend claims of infringement in that if the claim of the infringed patent can be shown to be invalid, as a result of the existence of prior art, no infringement exists. The research may also be used in support of a petition to initiate an inter partes review of the patent directly with the USPTO. Invalidity research can be quite expansive depending upon the number of claims sought to be invalidated. In addition, to be effective, an invalidity search must typically go beyond relevant patent applications and grants to include a review of scientific, academic, technical, industrial, trade and business publications. This is due to the fact that the infringed patent has already been examined in light of the patent prior art, reducing the chances of identifying any further invalidating patent publications. This is not to say that that the research won't be able to identify any further relevant patent publications, rather that the chances are somewhat reduced for these publications. On the other hand, while a review of scientific, academic, technical, industrial and business publications may identify an enabling disclosure that should have prevented the granting of the infringed patent, such a disclosure may be very difficult to find and occasionally amounts to searching for a needle in a haystack. While proving patent invalidity may necessarily be driven by the nature of the claims of the infringed patent, an attack on a select number of independent claims may suffice to invalidate the patent as to the claimed infringement while avoiding the costs of a more expansive claims check. Patent invalidity research then requires a well thought-out plan of attack and highly developed search strategies in order to be effective and efficient.


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