Most entrepreneurs end up hiring a patent attorney to help with the patent application process, because they may find it tedious and time consuming. The patent application process is complicated and very strict hence the need to look for a patent attorney (oh-so-smooth.com).
The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries. Here, we are talking specifically about patent legislation in the United States.
A patent gives a patent owner a statutory right to the exclusive use of the invention. For the entire term of the patent (25 years in the United States), the patent owner can legally exclude other persons from exploiting the invention in the country in which the patent is registered.
There are two main types of patent: design patents, and utility patents. Design patents describe the unique aesthetic design of a product; utility patents describe the functionality and mechanism of an invention, regardless of aesthetic.
Patent applications can be filed as a provisional patent application or a nonprovisional patent application.
A provisional patent application establishes an early filing date with the USPTO. While you cannot get an enforceable patent off of a provisional patent application alone, a processed application does allow you to market your invention as patent pending.
Then, the non-provisional patent application begins the official examination process for the USPTO to determine if an invention or discovery is eligible to receive patent protection.
A technology patent is somewhat of a broad patent category and encompasses anything in the technology sector. When you work with the attorneys recommended at business process patent attorneys in Houston Texas, you’ll understand how broad the term “technology patent” really is – with Silicon Valley experience, they will tell you about the nuances of the specific area of “technology” you want to go after with your patent needs.
A USPTO patent search is used to determine whether or not the invention is patentable and whether a product or invention as what you have in mind is already in the market and/or a patent for such a product already exists. To prevent conflicts, thorough patent searches are an essential part of the process. However, if you don’t understand the complexity of patent law, the task of a patent search is best left to an attorney.
The cost of performing the patent search should not be a factor considered when deciding to perform the patent search.
The person who holds a patent does not necessarily reserve the right to build or sell their device – they may outsource it to someone else under a licensing agreement.
An invention is non-obvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.
Under US law, anyone selling or offering an invention that contains every detail of an active patent, without consent of the patentee, will generally be infringing the patent. A patentee may sue for infringement of a standard patent as soon as the patent has been granted.
When it comes to choosing a lawyer, it is best to choose a smaller, more devoted firm, with staff that has previous experience with major corporations, but provides that level of expertise to small businesses and new entrepreneurs.
patent attorney Houston provides advice and counsel to clients ranging from closely held businesses to large corporations. You can get a free consultation from them in order to understand how your lawyer will handle the case. The Patent Attorneys at this firm value developing close relationships with clients like you.