Have you created, invented or discovered a new product or process? Has your new invention been used illegally? A patent attorney can help with all questions related to patent licensing and patent infringement. Patent attorneys specialize in patent law and can help answer any questions you might have regarding your patent. A patent attorney is also an expert in preparing and filing request for patents and if necessary, helping their client to file a patent infringement claim.
A patent gives legal rights in the form of a legal document, to an inventor who develops a new invention, machine, improvement or process. The patent will “exclude others from making, using, offering for sale or selling the invention” inside the United States or importing it to other countries. The patent is issued by the United States Patent and Trademark Office (USPTO). Patents will last 14 to 20 years from the application date depending on the type of patent. The United State’s patents are only useful with in the United States and its related territories. A patent can be sold, licensed or assigned to other entities similar to other property rights, and a patent excludes others from using, selling, or importing a patented invention.
Like copyright and trademarks it is up to the patent holder to enforce their patent rights. The U.S. Patent Office does not enforce patents or intervene in patent infringement litigation. Patents were created for inventors to help them maintain the right for their discoveries or inventions for a set period of time. Patent law has evolved over the last century and can be very complicated. If you have questions regarding your patent, a patent lawyer can help.
The United States Patent and Trademark Office issues three different types of patents. They are design patents, plant patents and utility patents.
Design patents are issued for an original design in manufacturing a product. For the design patent the design change does not change the functionality of the product. The design must be definite and able to be reproduced. Design patents are issued for 14 years and will not allow others to make, use or sell the patented design.
Utility patents are the most common patents. Utility patents are given to new processes, inventions, chemical compounds or an improvement for an existing product or process. Most utility patents are part of the industrial or technical processes. A utility patent will last for 20 years from the date the application is filed.
Plant patents are not common and are only issued to individuals who discover or create a new plant that can be reproduced. The plant must be unique and the entire plant must be able to be reproduced.
To be granted a patent the idea or suggestion is not enough. The discovery must be fully developed and not include laws of nature, abstract ideas or other observable physical phenomena.
If your patented product or design has been used, sold or illegally made with in the United States or its territories you may be able to sue for patent infringement by filing a civil suit in the appropriate federal court. If your patent case is successful you may qualify for monetary compensation and an injunction to prevent the continuation of the patent infringement. Many cases are settled out of court especially between companies. Many companies will create a patent licensing agreement for one company to use their patent for a fee. A patent attorney should be consulted prior to signing an agreement for patent licensing.
The United States Patent and trademark Office or US Patent Office issues patents to inventors to promote science and useful arts. It has been in existence for over 200 years and is located in Alexandria, Virginia. The United States Patent and Trademark Office is part of the Department of Commerce and has been working for the last 200 years to advance intellectual property rights with in the United States.
To apply for a patent you must complete the patent application, pay a fee and submit it to the United States Patent and Trademark Office. Prior to submitting a patent application it is a good idea to consult a patent attorney. A patent document can be complicated and must be written correctly to offer your invention protection. There are several different types of patents available such as a provisional patent which will offer you limited protection for one year or a non-provisional patent. An experienced patent lawyer can review your invention and discuss your patent options with you.
The United States Patent and Trademark Office will evaluate your patent application and communicate all of their objections to you and your patent attorney. Your patent lawyer will work with you to review the information from the United States Patent and Trademark Office and will help you address all of their objections. The patent application is a legal document that can be complicated and difficult to complete correctly. A patent attorney can help with all aspects of the patent application process.