Patent Law

Inventions are secured by patents, which give the inventor the exclusive rights to their invention and keep others from using the discovery for a limited time. The United States Patent and Trademark Office was established with the Patent Act in 1977. As new inventions are vital to the growth of our society, their importance has been adopted into the U.S. Constitution.

Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

Patent research
Patent infringement
New product patent
Patent Pending
Technical legal writing
Patent registration
Patent plans
Patent requirements
Laws related to patents
Inventions
Company creative components

Patent Requirements

In order to obtain a patent or a protection of an invention under U.S. law, the inventor must apply and contact the United States Patent and Trademark Office (USPTO). Generally, people apply for utility patents, which have a patent span of twenty years. Utility patents include any new and useful processes, machines, manufactures or improvements thereof. After the inventor applies for a patent, the United States Patent and Trademark Office will then decided whether the invention meets the criteria and whether it:

Is statutory
Is new
Is useful
Is non obvious

After the application is received, the Patent and Trademark Office reviews initial qualifications. If all requirements for “patentability” are met, a Patent Office Examiner reviews the application in the order in which it was received. After a period of examinations, studies of applications and legal checks a decision is reached as to whether a patent will be issued or not. Due to the cost of a misfiled application, it is always recommended that an attorney be hired to file a patent.

Patent Scams

Unfortunately, many inventors are being kept from patenting their inventions through inventor scams. Fraudulent services of companies offer to review and then market the invention to manufacturers. For a “small” fee, which usually ranks between $2000-$8000, depending on the invention, these companies promise that a patent won’t be necessary and that a smart marketing approach will lead to better and quicker money for the inventor. Once the “marketing fee” has been paid, the inventor will have difficulties contacting that friendly representative that was on the phone just 2 days ago.

Patent Infringement

Once an inventor has been granted a patent through the United States Patent and Trademark Office, the invention is protected under Federal patent law. Federal courts have the jurisdiction over any case that arises under an unauthorized making, using, selling or offering of any patented invention. In case of patent infringement, the patentee has grounds to file a lawsuit in Federal court. While the patentee has the right to prevent any further continuation of infringement, he/she may also sue for damages and monetary compensation. 

For more information, or if you are experiencing intellectual property legal issues, consult with an intellectual property lawyer in your area today.