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Why File a Patent?
The enumerated powers in Article I, Section 8 of the United States Constitution empowers the United States Congress to: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Fundamentally, the unique ideas of inventors are property and …
View full postIs My Idea Patentable?
Anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof, may obtain a patent.” US Patent Law Several factors determine whether or not an idea is patentable including whether the invention is truly new, is useful and non-obvious. Processes, machinery, compositions …
View full postWhich Type of Patent Application Should I File?
There are essentially three types of patents: Utility, Design and Plant. A Utility Patent is “issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof.” If granted, its owner may exclude others from making, using, or selling the invention for a period …
View full postWhat is a Provisional Patent Application?
Provisional patent applications allow the inventor to establish an early effective filing date by filing a simpler version of a non-provisional application for a patent. Once filed, the inventor may apply the term “Patent Pending” to their invention. Provisional applications may only be filed for Utility and Plant patent applications. Benefits of filing provisional patent …
View full postImpact of New Patent Law “First to File”
Under pressure from lobbyists for Big Business and Pharmaceutical companies, Congress passed, and Obama signed, the America Invents Act into law in September 2011. The Act changed the long-standing “first to invent” standard to a “first to file” standard. Before the Act, when two inventors disagreed over who owned the invention, patent law favored the …
View full postWhat Is The Difference Between Patents, Trademarks, Servicemarks and Copyrights?
A granted patent gives its owner “the right to exclude others from making, using, offering for sale, or selling” or “importing” the new and useful invention in the United States. There are three types of patents: Utility, Design and Plant. A trademark (or servicemark) is a word, name, symbol, or device that is used in …
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