Any inventor, of any nationality, is welcome to apply for a patent with the United States Patent Office and the patent applicant may be represented by any patent attorney who is registered to practice before the United States Patent and Trademark Office. If you are a potential foreign applicant to the USPTO, here are a few things you should know.
Patent Law Blog
Many first-time inventors are not aware that obtaining a patent is an adversarial process. As a result, they are surprised when their patent application is initially rejected by the Patent Office. This has led many first-time inventors to give up on their patent application.
Patents grant inventors the right to use, sell, manufacture, distribute, import, and export a new invention for a fixed period of time. In other words, the patent legally prevents others from using, selling, manufacturing, distributing, importing, or exporting the patented invention. These rights can be enforced by a court if the patent holder learns of any infringement of their patent.
Depending on the complexity of your application, fees may increase. Fees are also required for the examination and maintenance of your patent and do not include attorney preparation fees. If you have an idea you are interested in patenting, please contact us today. We can help you navigate the process of filing a patent application and help ensure that your idea is protected properly.
Patent law benefits our society by encouraging inventors to invent and share their ideas with others. If an individual is able to enjoy the fruits of their ideas and efforts, more people will invent. This has been a driving force in the U.S. economy since its founding and has led to the greatest standard of living of any human civilization.
The costs to file a patent application involve attorney expertise in preparing the application and filing fees. Filing fees, which are paid to the US Patent Office, are significantly lower than the cost of preparing the application. Preparing a patent application requires describing the invention, describing the existing publicly known technology similar to the invention, preparing professional drawings of the invention, and drafting claims specific to your invention.
A granted patent gives its owner “the right to exclude others from making, using, offering for sale, or selling” or “importing” the new and useful invention in the United States. There are three types of patents: Utility, Design and Plant.
A trademark (or servicemark) is a word, name, symbol, or device that is used in trade with goods (or services) to indicate the source of the goods (or services) and to distinguish them from the goods (or services) of others…
Several factors determine whether or not an idea is patentable including whether the invention is truly new, is useful and non-obvious. Processes, machinery, compositions of matter, designs, plants and even sub-molecular units may be patented. The various classes of subject matter that may be patented include virtually everything man made and their manufacturing processes.
Copyright Law protects authors of “original works of authorship” and is provided by the laws of the United States (Title 17, U. S. Code). This protection extends to both published and unpublished works including literary, dramatic, musical, artistic, and certain other intellectual works. The owner of the copyright has the exclusive right to (or authorize others to)…
Ideas should belong to inventors. Until March 2013, United States Patent Law protected inventors through the “first to invent” rule. Under the “first to invent” rule, when two or more inventors filed a patent application for the same invention, the patent office would award the patent to the inventor who was first to conceive and diligently reduce the invention to practice, even if the first inventor was not the first to file a patent application.