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Patents

FS Patent Law > Patents

source link What Are Patents?

 

 

click here Protection of “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof,” as of 35 U.S.C. § 101, or in the case of a design patent, “any new, original, and ornamental design embodied in or applied to an article of manufacture,” as of 35 U.S.C. § 171.

 

 

source site Fran Sweeney LLC can assist you with patent law services, outlined below. 

Patentability search & opinions

To obtain U.S. patent protection, a potential invention must be novel, useful, and nonobvious. Other national patent offices have similar requirements. A Patentability Search, Patent Novelty Search, or simply a Novelty Search, is a search of pre-existing knowledge conducted on behalf of a potential patent applicant.

Clearance search & opinions

The freedom to operate opinions, requires an inspection of a clearance or non-infringement patent search. This is to determine whether, a particular product, service, or group of products and services, would infringe patents owned by others. Stated differently, whether the client has the freedom to operate regarding the product or service. This is different from a patentability search, which seeks to determine whether or not an idea is new and if it can be protected.

Infringement opinions

An infringement opinion is an inspection to see if a specific product or process infringes a current patent. Establishing exactly what each term means in a patent’s claims can be difficult enough, and patent infringement cases are often determined just trying to define these terms.

Design around assistance

A lot of the time, a small change is all that is required to avoid infringing a patent. Determining whether the change is enough to do so requires the assistance of a patent attorney. With my extensive experience, I am able to provide suggestions that avoid other patents while maintaining design integrity and manufacturability.

Invalidity search & opinions

An invalidity search seeks to determine whether the Patent Office made a mistake and granted the patent owner more protection that they had a right to. An invalidity search asks, did the Patent Office grant the patent owner protection over an idea that is not new? An invalidity search requires further searching or consideration of the prior work to determine whether claimed characteristics in the patent are in fact not new in view of that prior work.

Preparation and filing of patent applications

A patent application is individually written for a certain invention, this can be a complicated document. An application must include a written description of the invention, that would enable a person skilled in the relevant field to both make and operate the invention. This description typically includes illustrations of the invention and also description of the best known way to operate the invention. The application includes an pledge signed by the inventors that claims that they believe the application follows the requirements of the patent laws, and the application concludes with claims that lay out protection that is provided for the technology.

Prosecution of patent applications

Patent prosecution is the process of writing and filing a patent application and seeking protection for the patent application with the patent office. If you are looking for a patent attorney to help you come up with an intellectual property protection strategy, including constructing and organizing patent applications with the patent office, you are looking for a patent prosecutor. Patent prosecution lawyers must both be licensed to practice law as well as licensed to practice in front of the patent office.

PCT filings

The Patent Cooperation Treaty (PCT) is an international patent law treaty. It provides a procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.

Appeals

When deciding whether to appeal an examiner’s adverse decision, an applicant will need to weigh the cost and investment of time against the likelihood of success. Usually, an applicant can get an interview with the patent examiner to determine whether the examiner is acting reasonably in his or her decision.

Continuation, divisional, continuation-in-part applications

Continuation, divisional and continuation-in-part(CIP) applications are related to the filing of the prior filed patent application by a claim of priority. The continuation application is the same disclosure as the parent application with claims similar to the parent application.

Reissues

Whenever any patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the Director shall reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue. No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent

Ex Parte Reexaminations, Inter Partes Review, and Post Grant Review

Ex Parte Reexaminations are filed when there is a “substantial new question of patentability.” Inter Partes Reviews are conducted before the Patent Trial and Appeal Board (PTAB) based on prior patents or printed publications that may render one or more claims in a patent anticipated or obvious. Post Grant Reviews are also conducted before the PTAB, based on various grounds of invalidity of the patent.

License agreements

A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor.

Assignments

A patent assignment is the transfer of an owner’s property rights in a given patent or patents, and any applications for such patents. These transfers may occur on their own or as parts of larger asset sales or purchases.