Patent Law Blog | Law Office of Van R. Irion

Benefits of Applying For a Patent

vanirion2018-02-222018-08-21

Patents grant inventors the right to use, sell, manufacture, distribute, import, and export a new invention for a fixed period of time. In other words, the patent legally prevents others from using, selling, manufacturing, distributing, importing, or exporting the patented invention. These rights can be enforced by a court if the patent holder learns of […]

Foreign Applicants for United States Patents – What You Should Know

vanirion2017-08-292017-10-23

Any inventor, of any nationality, is welcome to apply for a patent with the United States Patent Office and the patent applicant may be represented by any patent attorney who is registered to practice before the United States Patent and Trademark Office. If you are a potential foreign applicant to the USPTO, here are a […]

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Patent Application Process for the First-Time Inventor

vanirion2017-04-052017-10-23

Many first-time inventors are not aware that obtaining a patent is an adversarial process. As a result, they are surprised when their patent application is initially rejected by the Patent Office. This has led many first-time inventors to give up on their patent application. Examiners at the Patent Office see their job as protecting the […]

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Patent Filing Fees of the USPTO

vanirion2016-03-312017-10-23

It depends. According to the current USPTO Fee Schedule, the patent filing fees to file a patent is $280 for a basic Utility Patent and $180 each for a basic Design or Plant Patent. To file a Provisional Patent Application the fee is $260. However, if you qualify as a “Small Entity” fees are reduced […]

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Why File a Patent?

vanirion2016-03-282018-08-21

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 […]

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What Is The Cost to File a Patent Application?

vanirion2016-03-252017-10-23

The costs to file a patent application involve attorney expertise in preparing the application and filing fees. Filing fees, which are paid to the US Patent Office, are significantly lower than the cost of preparing the application. Preparing a patent application requires describing the invention, describing the existing publicly known technology similar to the invention, […]

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What Is The Difference Between Patents, Trademarks, Copyrights and Servicemarks?

vanirion2016-03-232017-10-23

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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Can I Patent My Idea?

vanirion2016-03-212017-10-23

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 of […]

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Copyright Law – In Brief

vanirion2016-03-182017-10-23

Copyright Law protects authors of “original works of authorship” and is provided by the laws of the United States (Title 17, U. S. Code). This protection extends to both published and unpublished works including literary, dramatic, musical, artistic, and certain other intellectual works. The owner of the copyright has the exclusive right to (or authorize others to): Reproduce the […]

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Patent Applications – What You Should Know About “First-To-File”

vanirion2016-03-172018-08-21

Ideas should belong to inventors. Until March 2013, United States Patent Law protected inventors through the “first to invent” rule. Under the “first to invent” rule, when two or more inventors filed a patent application for the same invention, the patent office would award the patent to the inventor who was first to conceive and […]