PATENT BASICS

INVENT YOUR FUTURE™

A PATENT ISSUED BY THE UNITED STATES PATENT AND TRADEMARK OFFICE GRANTS TO ITS OWNER LEGALLY ENFORCEABLE RIGHTS TO EXCLUDE OTHERS FROM MAKING, USING, SELLING, IMPORTING, OR OFFERING FOR SALE THE CLAIMED INVENTION IN THE UNITED STATES.

A patent does not give the inventor the right to practice the invention. The inventor/owner can practice his invention only if by so doing he does not also practice the invention of an earlier unexpired patent.

A patent grant can only be issued if a timely application is filed that adequately describes a novel, useful, and unobvious invention of proper subject matter.  To be timely, an application must be filed within one year of certain acts (by the inventor or others) which place the invention in the hands of the public i.e., patented or published anywhere in the world, on sale or in public use in this country. This one-year grace period, however, is not available in most foreign countries.  A U.S. inventor who wants to obtain corresponding foreign patents must first file an application in the U.S. before any divulgation, whether in written or oral form, of the invention to the public.  In addition, if a United States patent application is filed, it may be necessary to file foreign applications within one year of the U.S. filing date.  Such is the case if the inventor needs the foreign application to be given the same filing date as the U.S. application.

INVENT YOUR FUTURE TM

The invention must be novel i.e., not invented first by another or identically known or used by others in this country or patented or published anywhere in the world before the actual invention date. Additionally, the invention must be useful i.e., serve some disclosed or generally known purpose. Furthermore, the invention must be unobvious i.e., the differences between the invention and the prior public knowledge in its technical field must be such that a person having ordinary skill in this field would not have found the invention obvious at the time it was made.
Most companies and inventors…

seek a patent to obtain the actual or potential commercial advantages that go along with the right to exclude others. In addition to the potential for an exclusive market position or licensing income, a patent often lends business credibility to start-up ventures and can open doors to both technical assistance and financing necessary to bring a new product to market. An improvement patent may also provide the barter necessary to cross-license any basic patents held by others which block the path to market.

The proper subject matter of a patent is…

any product, process, apparatus or composition, including living matter such as genetically engineered bacteria or plants (Utility Patent). Special provisions also permit patents directed to certain distinct and new varieties of plants (Plant Patent) and ornamental designs for articles of manufacture (Design Patent).

MOVING AHEAD

Contact us to secure and expand your business’s future today.

ADVANCE YOUR COMPANY’S FUTURE TODAY.