Patents

A patent grants its owner a variety of exclusive rights that pertain to their invention. The rights that are provided to a patent owner include, the right to prevent anyone who is not a licensee or a co-owner of the patent from making, using, selling (or offering for sale), and importing the patented invention, for the duration of the patent’s life. In exchange for this right, the patent owner must make all information about the invention publicly available in a document that is published by the United States Patent and Trademark Office. Unfortunately patents do not last forever and they cannot be renewed, but they do provide one with time to exclusively capitalize on their invention.

First to File (the date you file matters)

Since 2011, the United States has operated on a “first to file” basis. This means (in most cases) that whoever files an application in the United States Patent and Trademark Office first, gets priority to the patent rights if the patent is granted. Inventors can find themselves in a race to the patent office to file an application, especially if they suspect others are attempting to create the same invention. Patent applications are usually complex, and expensive. Mistakes can ruin an entire application, and as a result, cause the loss of a filing date. It is critical to get things right the first time, which is why our attorneys are here to help.

Types of Patents

There are several types of patent applications to consider, depending on the nature of the invention.

Utility Patent

• Utility patents apply to those individuals who invent, discover, or improve any new and useful process, machine, article of manufacture, or composition of matter. These patents last 20 years from their earliest effective filing date.

Plant Patents

• Plant patents apply to those individuals who invent or discover and subsequently reproduce a plant in an asexual manner. There are only two types of plants the patent office will not issue a patent for, even if the above requirements are met. These are tuber propagated plants and plants found in an uncultivated state. A plant patent lasts for 20 years from the earliest effective filing date.

Design Patents

• Design patents apply to those individuals who invent a new, original, and ornamental design for an article of manufacture. The design itself cannot be functional in relation to the article itself. If the design is essential to the functional use of the article, it can not be the subject of a design patent. For example, various technology companies will get design patents on their phones. Apple has one for the Iphone. In fact a large lawsuit was conducted over the validity of a design patent for the iPhone’s round “home button”, along with other patented design features. Design patents last for 15 years from the date the patent is actually issued.

Requirements to Qualify for a Patent

When thinking about getting a patent, consider the requirements that the United States Patent and Trademark Office used to determine that patentability of an invention/innovation:

1. The invention/innovation needs to be a patentable subject matter. Think physical and functional. The laws of nature cannot be patented, theories cannot be patented, pure intellectual concepts cannot be patented
2. The invention / innovation needs to actually be new (aka novel). This is where the filing date comes into play as the novelty of your invention is determined in comparison to what existed before your filing date.
3. The invention / innovation cannot be obvious. This is a tricky requirement because there is no set measurement to determine what is an obvious improvement or variation to something prior and what is not.
4. The invention / innovation needs to be functionally useful (aka utility). In essence this means that the invention needs to actually do what the patent claims it can do and according to how the patent says it should be made or performed.
5. The invention / innovation must NOT have been publicly disclosed prior. This requirement trips up a lot of applications. In essence, the patent must not have been publicly disclosed or on sale prior to the application. However, there is a grace period for this requirement.

Where You Will Have Protection

The area of protection for a patent depends on the application filed. Any nationally filed application will provide legal protection in only that country. However, disqualifying content for patent applications (“prior art”) can still come from anywhere in the world. Many countries also participate in an international application option as well. This is known as a PCT application (Patent Cooperation Treaty). All participating countries that are designated in a PCT application will receive protection from the one PCT application.

How Long Does the Application Process Take?

The patent application isn’t a short process as hundreds of thousands of applications are filed each year. Once filed, an application can take several years before it is even examined. That is why people often see the words “patent pending” on certain products.

Services We Provide

• Preliminary Patent Search
• Patent Application and Prosection
• Patent Maintenance

Why Patents Matter?

Obtaining a patent is the first step in showing importance and the value of the innovation/invention that was created. It sends the message that the inventor has taken the process seriously and that they have enough confidence in the invention to risk seeking protection for it. Patent protection is the first step on both offensive and defensive to monetizing the invention.