US Patent and Trademark grants three types of patents which are: utility patents, design patents and plant patents. To be patentable, an invention essentially must meet the following requirements set by US Patent and Trademark which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent and Trademark is often consider the entry test for patentability. The probably more demanding, non-obviousness requirement is harder to objectively define.
US Patent and Trademark defines legal “novelty” in great detail. But in general practice there are only a few basic rules that US Patent and Trademark need to consider in analyzing whether an invention is novel:
Patent research is the best way to gather information about patent. Patent research is particularly necessary in order to verify the patentability of the invention. In conducting patent research on patentability of an invention, the U. S. Patent and Trademark Office cautions that a complete patentability search must consider all prior art, including earlier patents, foreign patents and non-patent literature. Both of the PTO’s patent databases begin with patents granted since 1976, and the Delphion and Academic Universe sites since 1971.
To start the patent research one must access the following major patent sites:
United States patent is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new United States patent is 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. United States patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, United States patent term extensions or adjustments may be available.
The applicant for a patent will be required by law to furnish patent drawings of the invention whenever the nature of the case requires patent drawings to understand the invention. However, the Commissioner may require patent drawings where the nature of the subject matter admits of it; these patent drawings must be filed with the application. This includes practically all inventions except compositions of matter or processes, but patent drawings may also be useful in the case of many processes.
Canadian Patent Office gives patent to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you can’t claim the patent if a competing inventor files at Canadian Patent Office first.
Preparing a Canadian Patent Office application
Application in Canadian Patent office consists of an abstract, a specification and often drawings. The abstract submitted to Canadian Patent Office is a brief summary of the contents of the specification. The specification of Canadian Patent Office includes:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.
In order to patent an invention the inventor must go through a number of processes. These processes to patent an invention can be complex and difficult. Although most inventors are concerned with the rights patent an invention grant during in-force, the law actually recognizes five “rights” periods in the life of invention patents. These five periods when you patent an invention are:
1. Invention conceived but not yet documented. This is the phase when you patent an invention where an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this patent an invention phase the inventor has no rights whatsoever.
Innovation innovating breakthrough invention patent pertains to innovation done to an embodiment or certain parts of prior art.
Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:
1. Non-Obviousness – meaning that the technology of the innovation innovating breakthrough invention patent 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 of the innovation innovating breakthrough invention patent is not “anticipated” or identical to an invention disclosed in a single piece of prior art.
3. Utility – meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of “quack” inventions such as perpetual motion machines.
Patent investors can invest in developing and selling patents in a number of ways. The following are some methods by patent investors to capitalize and start companies:
For patent investors, there are different venues to start a company. For those who seriously consider becoming patent investors they must read, study and investigate Internet sources.If the inventor wants to sell or license the invention,a commercial fee-for-service technology transfer organization might prove useful, or he may be able to do it by himself. If potential patent investors have the time, resources and inclination, they can always consider a business degree.
Patent application process is long and quite difficult. That is why often, examiners would recommend the inventor to get a patent agent or a patent lawyer to facilitate the patent application process for the invention. But this would also require a sum of money depending on the intricacies involved in the patent application process. Services rendered by patent lawyers and agents could start at a minimum of $5,000.
Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.
The European Patent Office (EPO) is tasked to grant European patents for the contracting states to the European Patent Convention (EPC), which was signed in Munich on 5 October 1973 and entered into force on 7 October 1977. European Patent Office serves as the executive arm of the European Patent Organization, an intergovernmental body set up under the EPC, whose members are the EPC contracting states. The activities of the European Patent Office are supervised by the Organization’s Administrative Council, composed of delegates from the contracting states.
U.S. Patent 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 this grant, the inventors must disclose their invention to the public in the form of patent application. U.S. Patent does not grant inventors the right to make, use, sell, or import their inventions.
The expressions “patent pending” (sometimes this is abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” refer to a warning that inventors are entitled to use in reference to their product once a patent pending application has been filed, but before the patent is issued. The patent pending marking serves to alert potential infringers who would copy the invention. Patent pending mark notifies them that they may be liable for damages once a patent is issued. The fraudulent use of the patent pending warning is not allowed by United States law and inventors should be cautious when marking products or methods with patent pending mark that may not be covered by any patent pending.
Patent mass spectrometry is a powerful analytical technique that is used to identify unknown compounds, to quantify known compounds, and to elucidate the structure and chemical properties of molecules. Detection of compounds can be accomplished with very minute quantities (as little as 10-12g, 10-15 moles for a compound of mass 1000 Daltons). This means that compounds can be identified at very low concentrations (one part in 1012) in chemically complex mixtures. Patent mass spectrometry provides valuable information to a wide range of professionals: physicians, astronomers, and biologists and many others.
Patent drawing is a requirement by law for patent applications in order to understand the nature of the invention. The Commissioner may require patent drawing where the nature of the subject matter admits of it; these patent drawing must be filed with the application. This includes practically all inventions except compositions of matter or processes, but patent drawing may also be useful in the case of many processes.
The United States Patent and Trademark Office (USPTO) has offered inventors the option of filing sample provisional patent applications since June 8, 1995. Sample provisional patent applications were designed to provide 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. Sample provisional patent applications allow filing without a formal patent claim, oath or declaration, or any information disclosure or prior art statement. It provides the means to establish an early effective filing date in a non-provisional patent application filed. It also allows the term “Patent Pending” to be applied.
A patent consulting firm typically has lawyers that provide patent -related services to multiple patent applicant customers at a time and in turn creating long-term relationship with their clients. The knowledge of patent consulting on the fundamental principles of patent law simplifies invention identification and provides the basis for decisions on patenting and cost effective management of patent portfolios suited to the market.
The patent consulting can provide a number of valuable services to the client in order to facilitate its patent application. Since patent laws could be quite complex, hiring a patent consulting firm can make the entire process seamless and easy.
Patent Cooperation Treaty (PCT) is a multilateral treaty. This became effective in 1978 and it is established to eliminate some of the duplication involved when obtaining patent protection for the same invention in several countries. Patent Cooperation Treaty has more than 40 nations as signatories. The Patent Cooperation Treaty makes it possible to file and prosecute a single international application, which has the same effect as filing a separate application in each Patent Cooperation Treaty nation that the inventor designates at the time of filing the application. The Patent Cooperation Treaty neither creates an international patent nor changes the substantive requirements of patentability in any individual Patent Cooperation Treaty nation (including the US).
Patent glazing pertains to a large area of glazing set within long glazing bars.
It refers to a non-load bearing, drained and ventilated framing system, used predominantly in overhead glazing. Patent Glazing is the term applied to a self-draining and ventilated system of dry glazing that does not rely necessarily for its water tightness upon external glazing seals. It consists essentially of a series of longitudinal supporting members (glazing bars), and an infilling of glass or other suitable materials. Patent glazing bars are attached to and supported upon suitable structural members provided by others.
Patent attorney serves as counsels to corporations or individuals. Patent attorney helps determine if the invention is patentable. Patent attorney does this by evaluating the 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. During the evaluation phase, patent attorney conduct in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.
When you desire patents for inventions it is understood that one needs to undergo several stages before finally acquiring the much coveted patent. The law recognizes five “rights” periods in the life of patents for inventions. These five periods one undergoes in acquiring patents for inventions are:
1. Invention conceived but not yet documented. This is the phase in applying patents for inventions when an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation of in applying patents for inventions the inventor has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase enables the inventor the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). During the patents for inventions pending period, including the one-year period after a provisional patent application is filed the inventor can sue and recover damages against anyone who uses the invention.
4. In-force patent (patent issued but hasn’t yet expired). After the patent issues, the owner of the patents for inventions can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner of patents for inventions has no further rights. An expired patent remains a valid “prior-art reference” forever.
The Patent Trademark Office carefully reviews the application in order to determine the invention’s patentability. Upon submission of a patent application to the Patent Trademark Office an Examiner reviews the application and prepares an opinion as to whether the application complies with the Patent Trademark Office applicable rules and regulations, and whether the invention is indeed “patentable.”
The patent cost can be very high for some people which the U.S. Patent Trademark Office charges a minimum of about $4,000 over the life of the patent. A patent application submitted to Patent Trademark Office must contain: (1) a written description of the invention; and (2) claims particularly pointing out and distinctly claiming the invention.
37 CFR and Consolidated Patent Rules provides patent, trademark and copyright examining attorneys in the Patent and Trademark Office, trademark registration applicants, and attorneys and representatives for trademark registration applicants, with a reference work on the practices and procedures relative to prosecution of applications to register marks in the Patent and Trademark Office. The 37 CFR and Consolidated Patent Rules contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of patent, trademark and copyright applications.
Patent Law grants 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 law concerning patents is found in Title 35 of the United States Code. In the patent law for the invention to be patented it must be novel, useful, and not of an obvious nature. Such “utility” patents are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods. Changing technology has led to an ever expanding understanding of what constitutes a human made product. Specific additions to the Patent Act provide, in addition, for design and plant patents.
Patent firm devotes a majority of their practice to patent law. Practicing attorneys of patent firms are skilled and experienced in the areas of patent application work, litigation, and counseling services. Patent firm promote the advantages realized by clients for patent application work, litigation, and counseling services.
Why Use A Specialist Patent Firm?
Patent laws can be complex. Their subtleties require an intimate working knowledge of the technology and the law in order to obtain the maximum benefit and protection that they afford.
In order to file a patent you must make a choice. This is whether to hire a lawyer to file a patent or to do it on your own. In hiring a lawyer to help you file a patent you should be ready to spend money. Patent lawyer could charge a minimum of $5,000. But the process on how to file a patent remains the same whether you hire a lawyer or not.
Patent Search is done to determine if the proposed invention indeed meets the statutory conditions of patentability. The Patent Search was used to be limited to the Patent Search Office database records of prior patents and publications. But the Internet and the recognition of business method patents paved the way for changes in patent searches beyond the Patent Search Office. But still, most patent searches are conducted by starting with the electronic databases of the various Patent Offices worldwide.
In conducting patent search and investigations, there are a number of patent search engine that can help you do the investigation. For simple searches that only requires a known patent number, inventor, assignee, head title, etc. there are some patent search engine internet sources provided by national and international patent authorities. You can use : esp@cenet (EPODOC), DEPATISnet and the USPTO databases http://www.uspto.gov/patft/. These are good patent searches to begin the patent investigations of inventions.
Patent leather is leather that has been given a high gloss finish. Patent leather refers to leather with a glossy surface. Patent leather is leather that has been treated with lacquer to give it a hard, glossy surface. Leather is a material created through the tanning of hides, pelts and skins of animals, primarily cows. Leather was a very important clothing material, and its other uses were legion. Together with wood, leather formed the basis of much ancient technology. Leather with the fur still attached is simply called fur.
The word “infringement” means an encroachment upon the domain of a patentee that is described by the claims of her/his patent. If a patent is compared to a real property, the claims are similar to the boundary recited in the deed. If one commits invasion to the boundary of a landowner’s real estate, he is said to trespass. An invasion of a patentee’s claims, on the other hand, is called infringement. Both are civil wrongs or “torts.” Unlike a trespass, patent infringement is a statutory wrong and is governed by federal law. US Law defines patent infringement as “whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefore, infringes the patent.”
The word “patent infringement” means an encroachment upon the domain of a patentee that is described by the claims of her/his patent. US Law defines patent infringement as “whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefore, infringes the patent.”
