This section is divided into three parts, namely: (a) Patent Background; (b) Patent Litigation; and (c) Patent Registration.  Please note that this brief overview of patents is provided as a free service and is not a substitute for the advice of an attorney.  The information provided is general in nature and may not apply to your particular situation.  If you have a legal matter, it is recommended that you seek the advice of a lawyer.  If you have any questions, please click here.

A. Patent Background

A Patent is a set of exclusive rights granted to an inventor for a novel, useful, and non-obvious invention. A patent is granted for subject matter that has been thoroughly designed and precisely described.  The two main types of patents are Utility patents and Design patents.  Utility patents are granted for things such as a new and useful process, a machine, a formula/chemical compound, or any new and useful improvement of any of the foregoing.  Design patents are granted for new, original, and ornamental designs or articles.

     In order for an invention to be patentable, it must be new as defined in patent law.  Strict deadlines exist to file Patent Applications, so an attorney should be contacted immediately and definitely prior to disclosing the invention to any third party.

B. Patent Litigation

Once a patent is issued, the holder of the patent has the burden of enforcing it.  Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention during the term of the patent.  If a patent is infringed, the holder of the patent may sue for relief in the appropriate federal court.  The holder of the patent may ask the court for an injunction to prevent the continuation of the infringement, and may also ask for an award of damages.  If you are involved in a patent infringement matter, you should immediately seek the advice of an attorney.

C. Patent Registration

It is advisable to register your patent with the United States Patent and Trademark Office and potentially other foreign countries as soon as possible.  Patents issued by the U.S. Patent and Trademark Office confer upon the patent holder "the right to exclude others from making, using or selling the invention throughout the United States" and its territories and possessions.  A patent application must include one or more claims which specify the subject matter which the applicant regards as the invention.  These claims form the heart of a patent as they describe the patent's scope.  If the claims are written too broadly, the examiner will reject the claims as covering the prior art and a patent will be denied.  If a claim is too narrow, the patent may have little value.  A patent application may also include drawings of the invention whenever a drawing is required to understand the invention. 

     If you are interested in having us assist you with a matter related to a Patent, please contact us.