Patent

Patent

Patent Application Form

A patent application is a request filed before a patent office in which an applicant applies for a patent. As a matter of public policy, the text contained in a patent application form is required to sufficiently reveal how an invention works to justify the grant of the patent. In most countries, the first to file a patent application form for the invention is presumed to be the owner of the rights to the invention.

Invention Patents

Invention patents go through a number of stages before finally acquiring the much coveted patent. Although most inventors are concerned with the rights invention patents grant during in-force, the law actually recognizes five “rights” periods in the life of invention patents. These five periods in invention patents are:

1. Invention conceived but not yet documented. This is the phase of invention patents when an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this invention patents phase the inventor has no rights whatsoever.

Patent Verdicts

Patent verdicts are the verdicts or decision hand out on a patent-related case. There are different Patent verdicts released on various patent-related cases filed in court. Some of these patent verdicts are controversial because of the nature of the cases.

Patent Inventions

In order to patent inventions one needs to adhere to certain patent inventions requirements. Among the requirements in Patent inventions are the following:

Conditions for Obtaining a Patent
1. Non-Obviousness – meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty – meaning that the technology is not “anticipated” or identical to an invention disclosed in a single piece of prior art.
3. Non-Obviousness – meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
4. Utility – meaning that the invention must have a useful purpose. Virtually all inventions meet the utility requirement which has largely been used to prevent the patenting of “quack” inventions such as perpetual motion machines.

Patent Invalidity

Patent invalidity is when a prior art surfaced similar to the invention being applied for patent. Patent invalidity does not automatically happen if there are patents similar to the invention; however it is difficult to obtain a patent if there are identical patents to their invention.

Patent search could help prevent patent invalidity of an invention. Patent invalidity could be avoided by doing a thorough patent search in the database records of prior patents and publications of Patent Search Office. It is the patent counsel’s job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these “references” in order to ensure that they are valid. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.This is where the patent counsel proceeds to apply for a patent.

US Patent Service

A patent for an invention is the grant of a property right to the inventor, issued by the US Patent Service. The term of a new patent is either 14 or 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees depending on the kind of patent. US Patent Service patent grants are effective only within the US, US territories, and US possessions. There are several requirements for an invention to be patentable which are enumerated below.

Patent Number Search

Patent number search refers to doing a typical patent search but by using only the patent number assigned to the invention. Patent number search can be done by doing a search on by International Application Number.

Free Patent

Free patent searches are highly relevant when it comes to applying for a patent. An inventor should never leave anything to chance. The inventor should make sure that the idea is patentable or that there is no ‘prior art’ similar to the invention. This way he would not waste precious time, money and energy on a futile pursuit to earn a patent.

In some instances, during free patent searches you many discover that certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior free patent searches and opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement

Provisional Patent

Last June 8, 1995, the provisional patent application offered by United States Patent and Trademark Office (USPTO) took effect. Provisional patent application provides a lower-cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants under the GATT Uruguay Round Agreements. Provisional patent application allows filing without a formal patent claim, oath or declaration, or any information disclosure or prior art statement. It also allows the term “Patent Pending” to be applied.

UK Patent Office

If you intend to apply for a patent, you should not publicly disclose the invention before you file an application at UK Patent Office because this could be counted as prior publication of your invention. Any type of disclosure (whether by word of mouth, demonstration, advertisement or article in a journal), by the applicant or anyone acting for them, could prevent the applicant from getting a patent at UK Patent Office for his invention. It could also be a reason for having the patent revoked by UK Patent Office if one was obtained. It is essential that the applicant only makes any disclosure under conditions of strict confidence. Any conversation you have with patent agents, solicitors or UK Patent Office staff is confidential, so anything you say to any of these people will not count as revealing your invention early.

Obtaining a Patent

A patent is a grant issued by the U.S. Government giving inventors the right to exclude all others from making, using, or selling their inventions within the United States, its territories, and possessions. Obtaining a patent on your own is not impossible but it may take some time. A patent is a grant of a “bundle of rights”, specifically the rights to prevent others from
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.

Patent Filing

After making a breakthrough invention which you believe could fill a need and make money, patent filing is the next most important step. Patent filing is no easy task. If you are willing to spend money, then you should hire a patent lawyer to help you with the technicalities surrounding patent filing for inventions. But if you don’t have money, patent filing is still possible. You could do patent filing on your own without the need to pay huge sum of money on lawyer’s fees.

Getting a Patent

In getting a patent knowing what to do and how to go about it is a very important requirement. It is not good to aim getting a patent and end up disappointed because of errors. Getting a patent could be a long process but the invention could have some huge commercial value which could certainly be worth all the trouble in going through the steps on getting a patent on it. There are a number ways on getting a patent that can be done by an inventor. Some inventors hire patent lawyers or patent agents to help them. Getting a patent is such a huge undertaking that they could not risk losing it. Others do it by themselves.

Patent FAQ

Patent FAQ pertains to Frequently Asked Questions about Patents. Patent FAQ is an important source of information for those planning to apply for a patent. Referring to Patent FAQ could offer some valuable insights on how to go about applying for a patent. There are several common Patent FAQ which inventors asked from time to time. Among these are the following:
* What is a patent?
* How long does a patent last?
* What type of products does a patent protect?
* Who can apply?
* How do you apply?

Patent Licensing

In applying for patent licensing it is good to note that there are three types of patents granted by the U.S. Patent Office, http://www.uspto.gov: utility patents, design patents and plant patents. The most common type applied for in patent licensing is a “utility” patent. A utility patent covers what an invention is or how it functions. A utility patent is effective from the date it is issued and lasts for 20 years from the date it was applied for. The second is the design patent which covers the ornamental features of a manufactured item. Design patents cover only how something looks, not how it works. A design patent lasts for 14 years from the date it is issued. Plant patents cover asexually reproduced plants.

U. S. Patent Office

The U.S. Patent Office carefully reviews the patent application in order to determine the invention’s patentability. Upon submission of a patent application to the U.S. Patent Office an Examiner reviews the application and prepares an opinion as to whether the application complies with the applicable rules and regulations, and whether the invention is indeed “patentable.” Typically, the U.S. Patent Office Examiner asserts various objections and rejections to the claims of an application in a written document referred to as an Office Action. If the applicant wishes to continue to pursue patent protection, the applicant must respond to each of the U.S. Patent Office Examiner’s rejections and objections detailed in the Office Action, amending the application accordingly.

Patent Searches

Patent Searches is when the inventor conducts a search to determine if the proposed invention meets the requirements of patentability. An invention can be considered as “new” if it has not been shown or described to the public (whether in a publication, by exhibition or verbally) world-wide before filing a patent application.

U.S. Patent and Trademark Office

U.S. Patent and Trademark Office are tasked with issuing patents to inventors which give them the right to exclude others from making, using, or selling their invention in the United States. In exchange for this grant, the inventors must disclose their invention to the public in the form of a patent application.

How to Get a Patent

There are ways on how to get a patent on inventions. Some inventors solicit the help of patent lawyers to help them secure the patent. Other inventors do it by themselves. This is because a hiring a patent lawyer for help on how to get a patent is costly.

Patent attorney helps the inventor on how to get a patent by determining if the invention is patentable. This is an important fact to consider when thinking on how to get a patent on your invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention.

Free Patent Search

An inventor can conduct a free patent search in order to determine if his or her invention is patentable. The free patent search has traditionally been limited to the free patent search Office database records of prior patents and publications. But with the aid of the Internet and the recognition of business method patents, free patent search is evolving and becoming easier to do. But still, free patent search begins in the electronic databases of the various Patent Offices worldwide.

Land Patent

Land patent is a grant of land in colonial America or it is an instrument conveying government owned lands to individuals. There are two types of states where land records are concerned. These are: State Land States and Public Domain States. In State Land States land patent was either granted by a Proprietor or by the State Government. In Public Domain States the land patent was granted by the Federal Government. Both State Land States and Public Domain States may contain areas where land patent was granted by a Foreign Government. The first granting of land patent to an individual resulted in a Land Entry File (Patent File). These files contain all kinds of information depending on the reason the land patent was issued. Files can be as slim as a receipt for a cash purchase or may contain many pages of information to prove Just Cause for land patent to be granted.

Online Free Patent Search

There are several different ways of doing online free patent search on the web. Online free patent search is important to determine if the invention is patentable. The online free patent search was originally limited to the Patent and Trademark Office database records of prior patents and publications. But with the aid of the Internet and the recognition of business method patents, online free patent search is evolving and becoming easier to do. But still, online free patent search begins in the electronic databases of the various Patent Offices worldwide.

Patent & Trademark Institute of America

Patent & Trademark Institute of America offers total protection to inventions. Patent & Trademark Institute of America specializes in assisting inventors in all phases of protecting the invention which include the following:
* Product Evaluations
* Patent Searches
* Patent Applications
* Trademark Searches
* Trademark Applications
Patent & Trademark Institute of America has qualified patent attorneys that can provide the inventor with all the legal assistance they need as required by the United States Patent and Trademark Office (USPTO).

Steps for Getting A Patent

After making an invention that is meant to fill a need or solve a problem, an inventor need to follow several steps for getting a patent on a product or technology. There are several reasons in going through the different steps for getting a patent on an invention. It could be because you might want to make some money, if you could get the exclusive right to produce or to license your invention. It could be for prestige. Whatever it is, going through the steps for getting a patent is not easy and should be done properly.

US Patent and Trademark Office

US Patent and Trademark Office issued patents to inventors which give them the right to exclude others from making, using, or selling their invention in the United States. In exchange for this grant, the inventors must disclose their invention to the public in the form of a patent application. A patent does not grant inventors the right to make, use, sell, or import their inventions. But this does exclude others from doing so.

Patent Process

As an inventor knowing patent process is a very important requirement. This could help your bid in securing a patent. The invention could be worth millions of dollars which could justify the trouble of going through the patent process. The patent process could be greatly facilitated by the aid of patent lawyers or agent. But inventors can do the job themselves.

Probably the most basic step on patent process is to determine if the invention is patentable. This plays a huge factor during the patent process. The result of the evaluation will determine if you push through with the application for patent or not.

Do It Yourself Patents

For those who cannot afford to dish out thousands of dollars for a patent lawyer, do it yourself patents can be a great alternative. Do it yourself patents can be done if you are up to the challenge. It is not impossible although the biggest drawback on do it yourself patents is that you don’t have the luxury of a professional advice.

Patent US

Patent US gives inventor exclusive rights on the invention. The exclusive rights will prevent others to make, use, import, sell or offer to sell the invention without the inventor’s permission. In exchange for Patent US grant, the inventors must disclose their invention to the public in the form of patent application. Patent US does not grant inventors the right to make, use, sell, or import their inventions.

Patent & Trademark Institute of America

Patent & Trademark Institute of America offers total protection to inventions. Patent & Trademark Institute of America specializes in assisting inventors in all phases of protecting the invention which include the following:
* Product Evaluations
* Patent Searches
* Patent Applications
* Trademark Searches
* Trademark Applications
Patent & Trademark Institute of America has qualified patent attorneys that can provide the inventor with all the legal assistance they need as required by the United States Patent and Trademark Office (USPTO).

Patent Law Firms

Patent law firms provide clients with highly specialized support in all areas of patent law, including the application work and preparation for patents, patent licensing and patent infringement litigation (at both the trial court and appellate levels). Patent law firms are skilled and experienced in the procedures of the U.S. Patent. Patent law firms devote a majority of their practice to patent law. Practicing attorneys of patent law firms are skilled and experienced in the areas of patent application work, litigation, and counseling services. Patent law firms promote the advantages realized by clients for patent application work, litigation, and counseling services.

Acquiescence and Patent and Inventor

Acquiescence and patent and inventor pertain to the permission given to use the patent of an inventor. Acquiescence and patent and inventor is also evident in cases of co-inventorship. If you are co-inventor you enjoy the rights that come with patents: making, selling, offering to sell, or selling the patented invention of the patents. U.S. patent laws allow for co-inventorship. Section 16 of the Patent Act provides that “when an invention is made by two or more persons jointly, they shall apply for patent jointly. Since “conception is the touchstone of inventorship,” each joint inventor agreed on acquiescence and patent and inventor and must generally contribute to the conception of the invention.

Patent Ductus Arteriosus

At birth, mammals must adapt from living in a fluid environment (the amniotic fluid) and acquiring oxygen through the mother’s blood, to breathing air and acquiring oxygen through their own lungs. The ductus arteriosus is very important in the adaptation process. This is a small communicating blood vessel between the pulmonary artery (which carries blood to the lungs), and the aorta (which carries blood to the rest of the body). Before birth, most of the blood from the fetal heart bypasses the fetal lungs via the ductus arteriosus. The lungs gradually become functional fairly late in fetal development. At birth, the blood supply from the mother is of course cut off, the dog (or other mammal) begins breathing on its own, and blood flow through the ductus arteriosus decreases dramatically. Within a few days, the ductus closes off completely.

United States Patent and Trademark Office

United States Patent and Trademark Office issued patents to inventors in the United States. They can also entertain patent applications from other parts of the globe. United States Patent and Trademark Office allow bestow the right on inventors to exclude others from making, using, or selling their invention in the United States. In exchange for this grant, the inventors must disclose their invention to the public in the form of a patent application.

Japan Patent Office

Japan Patent Office promotes the system of industrial property rights to help the development of sciences and technology. The role of Japan Patent Office is to deal with the development in the entire industrial sphere through its system for industrial property rights, including examinations, trials, and designing of plans for this system. Japan Patent Office consists of General Affairs Department, Examining Department, Trial Department, General Information Office for Industrial property rights, and other sections and departments which work in close cooperation to fulfill several functions which include the following:

Japan Business Method Patent

In Japan, business methods are accepted as patentable subject matter. The legal standard used to assess whether a business method is patentable requires that inventions be “a highly advanced creation of technical ideas by which a law of nature is utilized.”

The recent rapid development and diffusion of information technology (IT) are dramatically changing not only the methods to process enterprises’ internal tasks, but also modes of trading and even the businesses themselves. Because of this, the number of Japan business method patent applications for IT-applied business methods has been increasing.

US Patent Office

In the US Patent office, after the patent application has been filed with the US Patent office, a patent examiner carefully reviews the application in order to determine the invention’s patentability. The examination process usually takes 12 to 18 months. This is so because it will depend on the workload and staffing of the US Patent office. The US Patent Office examiners only verify that the description and claims per description by their inventors are new, unique, and not obvious to the US Patent Office. The US Patent Office examiners do not verify that an invention works. They try only to correctly verify that the invention is patentable and has not been patented in the US before.

Patent Management

Patent management is important especially among corporations because it can build shareholder value if done effectively. Profit margins are increasingly under pressure in today’s global economy. It is therefore important for shareholders and top management to realize that patent managements can bring additional revenues to companies. They will increasingly expect IP rights, in particular patent rights, to be managed as a business, turning, where possible, a traditionally expensive patent operation into a source of profits.

European Patent

European Patent is a mechanism for the protection of intellectual property rights in multiple signatory states on the basis of a single application to the European Patent Office (EPO). European Patent has the same legal effect as a national patent in each of the designated states, so protection is not uniform.

A European patent application may not contain more than one independent claim in the same category (eg product and/or process) unlessone of the exceptions listed. You must keep the amount of claims reasonable in consideration of the nature of the invention you wish to protect. You should therefore avoid undue repetition resulting from the use of independent claims inthe same category or a proliferation of dependent claims. You must number your claims consecutively in Arabic numerals. It is essential to formulate your claims clearly, as they define the matterthat you want to protect.

Patent Information

Patent information about the types of patents granted by the U.S. Patent Office can be accessed at http://www.uspto.gov. Generally the three types are: utility patents, design patents and plant patents. Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do the search on the patent information at the Public Search Room of the US Patents and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the US Patents and Trademark Depository Libraries across the country.

US Patent

A US patent gives an inventor the right to exclude all others from making, using, importing, selling or offering to sell the invention for up to 20 years without the inventor’s permission. This gives the inventor the opportunity to produce and market the invention himself, or license others to do so, and to make a profit.

US patents can be obtained on “inventions”. Inventions include any new and useful machine, process, article of manufacture, composition of matter (such as a new chemical composition), and improvements on any of these things. Virtually anything that is new and made by man is subject matter eligible for patent protection.

Japanese Patent Office

In order to obtain a patent, one must apply to the Japanese Patent Office and go through an examination to determine whether the application fulfills all the necessary requirements. The Japanese Patent Office examines all applications before ultimately granting any patent right. The whole procedure in Japanese Patent Office is as follows:

(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.

Patent Law Firm

Patent law firms are skilled and experienced in the procedures of the U.S. Patent. Patent law firms can provide inventors with insightful advice on how to go about their patent application and what it takes to make the patent application successful. Patent law firms can provide highly specialized support in all areas of patent law, including the application work and preparation for patents, patent licensing and patent infringement litigation (at both the trial court and appellate levels). Lawyers for patent law firms often have intimate working knowledge of the technology and the law in order to obtain the maximum benefit and protection that they afford.

Patent Laws

Patent Laws grant an inventor the right to exclude others from producing or using the inventor’s discovery or invention for a limited period of time. U.S. Patent Laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. The main body of Patent Laws concerning patents is found in Title 35 of the United States Code.

Patent Laws grant a “bundle of rights”, specifically the rights to prevent others from:
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.

Adidas Superstar 2g Patent

Adidas Superstar 2g Patent is Leather/synthetic upper with shell toe. This product from Adidas provides superior quality and great comfort to the user. This Adidas sneaker inspired product is built to satisfy the performance needs of the modern day player. Adidas Superstar 2g Patent has injection-molded, sculpted EVA midsole. Adidas Superstar 2g Patent provides non-marking herringbone traction rubber outsole. It comes in leather/synthetic upper for long, durable wear. Adidas Superstar 2g Patent is lightly padded footbed that provides for added comfort, support, and shock absorption and what’s more, it comes in six color options to fit the discriminating taste of the customer.

How to Apply for a Patent

How to apply for a patent on your own can be done if you are willing to do it. It is not impossible although the biggest drawback on how to apply for a patent is that you don’t have the luxury of a professional advice.

It is important to take note in how to apply for a patent that there are three kinds of patents: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.

Idea Patent

As a rule of thumb, Patent office does not grant patents for “mere ideas or suggestions.” Idea patent must produce an actual, workable invention. The rules in idea patent also stipulate that the patent be explicit enough such that anyone “ordinarily skilled in the art” can apply what they learn in the patent to make the invention and make it work successfully. Idea patent is only possible if the idea is used to invent or discover any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement to an already patented invention. Practically any idea patent turned to invention made by humans is patentable. Idea patent one must have an invention, not upon merely the idea or suggestion of a new invention.

How to Patent

As an inventor knowing how to patent an invention is a very important requirement. You certainly don’t want your efforts to go to waste. Besides, the invention could have some huge commercial value which could certainly be worth all the trouble in going through the steps on how to patent the invention. There are a number ways on how to patent an invention open to the inventor. Some inventors hire patent lawyers to help them. Others do it by themselves.

Utility Patent Application

This guide to filing a utility patent application for a non-provisional utility patent is presented in sequential order.

Nonprovisional Utility Patent Application Requirements
A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.

Utility – Patent Application Transmittal Form And Appropriate Fee
A transmittal letter should be filed with every utility patent application to instruct the USPTO as to what actual types of papers are being filed and the amount and type of filing fees are dependent upon the number and type of claims presented.

US Patents

Acquiring US patents give an inventor exclusive rights on the invention. Others could not make, use, import, sell or offer to sell the invention without the inventor’s permission. US patents can be obtained on “inventions”. Inventions include any new and useful machine, process, article of manufacture, composition of matter (such as a new chemical composition), and improvements on any of these things. Virtually anything that is new and made by man is subject matter eligible for patent protection.

USA Patent Office

USA Patent Office is tasked with issuing patents to inventors. Patents give them the right to exclude others from making, using, selling or offering for sale the patented invention in the United States. In exchange for this grant, the inventors must disclose their invention to the public in the form of a patent application.

Most of the time, the rejections asserted by the USA Patent Office Examiner are due to the “patentability” of the invention. There are three USA Patent Office basic statutory “patentability” requirements. To be patentable, an invention must be:

1. useful
2. novel and
3. nonobvious

Canadian Patents

Canadian patents are given to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you lose the race if a competing inventor files before you do. It is therefore advisable to file Canadian patents as soon as possible. But not too soon or you might run the risk of omitting essential features from the application. You may need to reapply later. You cannot also advertise, display or publish information on your invention too soon. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.

Patent Brokering

Patent brokering pertains to the business of tracking down and locating the specific information a business, organization or client needs. Patent brokering refers to finding, organizing, analyzing and packaging information in a way that makes it meaningful and relevant to a client. Some of the research projects that require the services of patent brokering include: background research about a new product concept, carry out a patent search on a product they want to introduce, to learn about companies producing related products and determine their pricing or find out as much as possible about a new market. Many companies use patent brokering firms to do research about their competitors in their industries.

Patent Application

The United States Patent and Trademark Office (USPTO or Office) is the government agency responsible for examining patent applications and issuing patents. A patent is a type of property right. It gives the patent holder the right, for a limited time, to exclude others from making, using, offering to sell, selling, or importing into the United States the subject matter that is within the scope of protection granted by the patent. The USPTO determines whether a patent should be granted in a particular case. However, it is up to the patent holder to enforce his or her own rights if the USPTO does grant a patent.

US Patent Search

US Patent Search refers to the search conducted to determine if the proposed invention meets the statutory conditions of patentability. The US Patent Search has traditionally been limited to the US Patent Search Office database records of prior patents and publications. With the advent of the Internet and the recognition of business method patents, changes are afoot to expand searches beyond the walls of the US Patent Search Office and into the real world of business and technology. Nevertheless, most patent searches will begin in the electronic databases of the various Patent Offices worldwide.

Patent Bar

In order to register to practice before the USPTO, an individual must establish to the satisfaction of the Director that he or she is of good moral character and repute, possesses the legal, scientific, and technical qualifications necessary to enable him or her to render applicants for patents valuable service, and is otherwise competent to advise and assist applicants for patents in the presentation and prosecution of their applications before the office. Each applicant must also take and pass the Patent Bar Exam.

The exam requirement for patent bar may be waived in the case of any individual who has actively served for at least four years in the patent examining corps of the Office.

Trifari Patents

Trifari patents are known the world over due to its high quality Costume Jewelry under the leadership of Alfred Philippe in the 1930s until the most of the 1960s. Trifari patents in costume jewelry set the standards for most of the high fashion costume jewelry industry. About 15% of their jewelry line became very collectible and one should not exclude the other Trifari patents in jewelry they produced. Trifari patents in jewelry items include the Crown pins, sword pins, exotic animal figures, and their line of Mogul, (in late 1940s) and Jewels of India (mid 1960s). Trifari patents in jewelry became the trend setting leader in the rhinestonejewelry industry under their president Alfred Philippe.

Patent Office

There is only one Patent Office in the U.S. and it is found in Arlington, Virginia, close to Washington, DC. Once the patent application has been filed with the Patent office, a patent examiner carefully reviews the application in order to determine the invention’s patentability. The examination process takes 12 to 18 months depending on the workload and staffing of the Patent office. The Patent office examiners only verify that the description and claims per description by their inventors or patent attorneys, are new, unique, and not obvious to the Patent office. The Patent office examiners do not verify that an invention works or that it can ever be, or never has been, built. They try only to correctly verify that the invention is patentable and has not been patented in the U.S. before and their results have been overturned on more than one occasion. The Patent office will not tell you if your invention has already been invented by someone else unless you apply for a patent.

Software Patents

The U.S. Patent and Trademark Office were at first reluctant to grant software patents on inventions relating to computer software. Software patents cannot be granted to processes, machines, articles of manufacture, and compositions of matter. Patents could not be granted to scientific truths or mathematical expressions of it. The PTO viewed computer programs and inventions containing or relating to computer programs as mere mathematical algorithms, and not processes or machines. As such, software related inventions were considered non-statutory.

Patent

Patent pertains to the exclusive right, granted by the government, to make use of an invention or process for a specific period of time, usually 14 to 20 years. To quote the U.S. statute governing patents, patents are described as simply granted to people who (claim to) “invent or discover any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. A patent protects newly developed or improved industrial, chemical and biotechnological products or processes (new inventions) and can also cover computer software. These are variably referred to as the ‘Inventors Rights’.

U.S. Patent Search

U.S. patent search is an important step in attaining patent. U.S. patent search determines the patentability of an invention. It serves as the basis in applying for a patent. U.S. patent search has traditionally been limited to the U.S. Patent and Trademark Office database records of prior patents and publications. But the internet and the recognition of business method patents change the methods. U.S. Patent searches are now conducted beyond the walls of the U.S. Patent and Trademark Office.

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