Patents

The Advantages of Assigning a Patent

Tue, 02 Apr 2013 12:03:42 +0800

A patent is a monopoly that is given by the federal government to an inventor, granting her the exclusive right to use and develop her invention for a set period of time. A patent is also a type of property. Like other kinds of property, patents can be bought and sold. When you decide to sell your rights to an invention or a patent, you assign the rights to someone else. In such a transaction, you are the assignor; the receiving party is the assignee; and the transaction, as well as the document, is called an assignment. Assigning a patent can be advantageous to both an inventor and her assignee.

What Is the Punishment for Violating a Patent?

Tue, 02 Apr 2013 12:03:07 +0800

Patent laws encourage creativity by allowing inventors to profit from their inventions. In essence, a patent awards inventors the exclusive right to market, sell or use their inventions. Patents are authorized in Article One, Section 8 of the U.S. Constitution. Accordingly, the federal government issues patent laws and sets forth a number of remedies that serve as punishment for those who violate patent rights.

Violation of a Patent

Tue, 02 Apr 2013 12:03:02 +0800

A patent is a right granted by the United States government which allows an inventor to prevent others from making, using or selling her invention within the United States. Thus, violation of a patent, commonly called patent infringement, includes the unauthorized making, using or selling of any patented invention within the United States. Also included in patent infringement is the unauthorized importation of the invention into the United States.

The Disadvantages of a Provisional Patent

Tue, 02 Apr 2013 12:02:14 +0800

The phrase “provisional patent” is shorthand for provisional patent application. There is no such thing as a provisional patent. Filing a provisional application is a convenient way to get the earliest filing date possible while preparing the full application. However, filing provisionally presents substantial risks that must also be considered.

How to Register a Patent

Tue, 02 Apr 2013 12:01:52 +0800

An inventor applies for a patent through a process called "prosecution" rather than registration. The U.S. Patent and Trademark Office oversees patent prosecution and trademark registration. Patents do not automatically qualify for any type of intellectual property rights, as trademarks or copyrights do. Trademarks and copyrights automatically qualify for property rights, as soon as they meet minimal legal qualifications. A trademark or copyright owner may elect optional federal registration for additional protection. An inventor must submit a provisional or nonprovisional patent application, complete the prosecution process and have the patent approved by the federal government.

How Much Does a Patent Search Cost?

Tue, 02 Apr 2013 12:00:32 +0800

An invention may be patentable if it is novel and non-obvious. The words “novel” and “ non-obvious” are legal terms that broadly mean unique. Smart inventors conduct prior art searches, sometimes called patent searches, to determine whether their invention is novel and non-obvious. Taking the time to perform this important step prevents the inventor from wasting money by trying to patent something that already exists. Moreover, familiarity with the prior art helps the inventor differentiate the invention from those that are very similar.

What Is a Multiple Patent?

Tue, 02 Apr 2013 12:00:29 +0800

It is not always clear what a speaker means when she mentions a multiple patent. In practice, the phrase multiple patent is used when the inventor has several different patents. For example, you might say “he has multiple patents” to describe someone who has more than one patented invention. Alternatively, the phrase can be used when an inventor tries to patent a single invention in multiple countries. This more subtle usage describes a single patent application that is filed multiple times in different countries.

How to Amend a Patent

Tue, 02 Apr 2013 12:01:52 +0800

When inventors talk about amending a patent, they usually mean amending a patent application. Amendments of patent applications are done in response to an Office Action from the U.S. Patent and Trademark Office. Office Actions are official communications from the USPTO that contain the patent examiner's criticisms of the application. Responding to an Office Action often involves amending the patent application. This is often a necessary step before a patent is allowed.

Can You Ever Lose a Patent?

Tue, 02 Apr 2013 12:01:52 +0800

Patents provide legal protection for your unique ideas translated into inventions. This exclusive right to put an invention into the marketplace gives you the ability to earn money from the invention to the exclusion of others. However, patents do not last forever. The U.S. government, in addition to issuing patents, also puts restrictions on the length of their use.

How to Find a Patent Agent

Tue, 02 Apr 2013 12:00:04 +0800

If you have an invention or process you wish to patent and you want to ensure your registration is approved by the United States Patent and Trademark Office, retaining the services of a good patent agent can help. As of early 2012, there were more than 10,000 patent agents registered with the USPTO, but most will be unsuitable for a variety of reasons. A careful search and a thorough process of elimination will eventually bring you a candidate qualified to assist you through the federal patent maze.

How to Buy Patent Rights

Tue, 02 Apr 2013 11:59:44 +0800

Companies make millions every year by manufacturing patented items, but before the first dollar of profit is made, the manufacturer must secure rights to the patents themselves. The manufacturer must either develop and patent the items or buy rights to existing patents. Finding patents that fit the manufacturer's need is critical. Once identified, the seller and buyer must transfer the patent rights and register the sale with the U.S. Patent and Trademark Office.

How to Get a Patent on an Idea for Clothing Accessories

Tue, 02 Apr 2013 11:59:41 +0800

If after you come up with a great idea for a new clothing accessory and want to begin capitalizing on it, you might consider getting a patent. If the United States Patent and Trademark Office approves your patent application, it means that no one but you has the right to manufacture and sell the clothing accessory. However, the patent application can be complicated, so it’s important to familiarize yourself with the requirements at the outset.

What Are the Benefits of Patent Protection?

Tue, 02 Apr 2013 11:59:34 +0800

The issuance of patents is authorized by the U.S. Constitution and is enforced under federal law. Patent laws are designed to encourage people to create inventions, by protecting their right to profit from what they invent. Patenting your invention gives you important rights that you may enforce in court.

How to Renew a Patent

Tue, 02 Apr 2013 11:59:15 +0800

Patents granted by the U.S. Patent and Trademark Office are designed to encourage discovery and invention by granting exclusive rights to reproduce or sell an invention or design for a period of time. You must pay maintenance fees to the U.S. Patent and Trademark Office to maintain your patent for the full period.

What Does Expired for Non-Payment Mean for Patents?

Tue, 02 Apr 2013 11:59:11 +0800

A patent is a right conferred by the government to intellectual property that gives the patent-holder sole authorization to sell, make or distribute the item. Patents in the United States can only be granted by the U.S. Patent and Trademark Office. Inventors and discoverers of new, useful, non-obvious inventions can patent their items, granting them sole rights to profit from and sell the item for a set period of time. The patent office also offers patents for plants and for designs. To retain a patent, you must pay patent maintenance fees to the patent and trademark office. If you do not pay these fees, your patent will expire.

What is a Notice of Allowance Patent?

Tue, 02 Apr 2013 11:58:39 +0800

When the United States Patent and Trademark Office (USPTO) intends to issue a patent, it sends the applicant a Notice of Allowance. For this to happen, an inventor provides information such as product description, design, and blueprints or drawings. A patent examiner then processes the patent application, and ultimately decides whether a patent should be issued. Thomas Jefferson and two friends were the first patent examiners, and granted America's first patent in 1790. Although opposed to monopolies of any kind, Jefferson recognized that inventors must have exclusivity over their products to encourage inventors to create new products.

How to License a Patent & Royalties

Tue, 02 Apr 2013 11:58:35 +0800

A patent places the rights to your invention securely in your hands. Now you have to bring the product to market. That means making your product and marketing it. it also means packaging, distributing and negotiating relationships with retail outlets. If you don't know much about these logistics, you may decide it's easier and faster to license your patent rights to a company already set up to handle all of these details. In exchange for the exclusive right to manufacture and sell your product you receive royalties, or a percentage of the profit made from product sales.

Why Do Patents Expire?

Tue, 02 Apr 2013 11:58:32 +0800

A patent is an exclusive right to make use, sell and distribute an invention, extended to an inventor or his assignee. In the United States there are two distinct sorts of patents: utility and design. Utility patents have a term of 20 years that begins to run on the filing date of the pertinent application. Design patents have a term of only 14 years, but the term begins to run from the date of issue. A utility patent is a right to the way a particular invention works and is used. A design patent, on the other hand, is a right to the ornamental aspects of the article. Both types of patent may be granted on the same invention.

Subject Matter Process for a Patent

Tue, 02 Apr 2013 11:58:19 +0800

The proper subject matter for a patent is defined by section 101 of the Patent Act as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." The meaning of the word "process" in that definition has become an intense controversy, with consequences for mutual funds, the software industry, financial risk management, biopharm research, and beyond.

Why Is a Patent Necessary?

Tue, 02 Apr 2013 11:58:16 +0800

Patent protection can be expensive. Moreover, the process takes time. Thus, it may not be feasible or in your interest to patent an invention. This is particularly true in quickly changing fields, where an invention may be outdated by the time patent protection is granted. There are, however, some situations where a patent may be necessary.