US Intellectual Property Law http://www.iplawintheus.com Copyrights, Trademarks, and Patents Mon, 28 Feb 2011 21:38:15 +0000 en hourly 1 http://wordpress.org/?v=3.1 Your questions about patent office http://feedproxy.google.com/~r/USIntellectualPropertyLaw/~3/ku65OM1XmFE/ http://www.iplawintheus.com/your-questions-about-patent-office/#comments Mon, 28 Feb 2011 21:38:14 +0000 Andrew http://www.iplawintheus.com/?p=176 Your questions about patent office is a post from: US Intellectual Property Law

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Paul asks…

How can the Patent Office prevent inventors from becoming a monopoly?

“One of the most ridiculous government enterprises is the Patent Office. It permits inventors of new processes and products to create monopolies, when we know very well that monopolies reduce output, raise prices and in other ways gouge the public.”

Andrew answers:

Patents are there in order to encourage investment in research or else someone may not bother doing expensive research if someone else can just steal their ideas.

They do run out after a few years and other inventors might innovate upon the original getting a new patent.

A patent is not necessarily results in a monopoly since companies can sometimes trade rights to use each other patents but that is usually somethings large businesses do with each other. An individual might make something in his garage and have a monopoly… but so what.

Carol asks…

Why won’t the US Patent Office grant patents for unique ideas?

I came up with a very unique idea which has absolutely no relationship to anything on the market and is considered “inventive” by those in the field, but the US Patent and Trademark Office refuses to grant me a patent. Why is that?

Andrew answers:

From the US Patent and Trademark Office web site:

“A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.”

Sharon asks…

How do the patent office know if something has been kept secret or not?

If only a few people knew of your idea, surely you could go through with the application, as it is unlikely the office would contact the few people who know. What could the consequences be, should that be the case?

And if an idea was to change slightly, (perhaps entirely to facilitate its patent) because patents have to be so specific, could it be argued that now the object has changed sufficiently and therefore is no longer the same as the one people may have seen?

Andrew answers:

The following answer pertains to United States patents, but the situation regarding patents is similar in other countries. This is a very general answer, and doesn’t go into specifics or exceptional situations. You should NOT take this as legal advice. In fact, you should never try to obtain a patent without retaining the services of a qualified patent practitioner.

The patent office doesn’t contact people to find out if they know about your invention. They do a search of published documents of all sorts to see if anyone has already taught your claimed invention, or whether there is enough information already known to make your invention obvious. If they can’t find evidence that your claimed invention is anticipated or obvious, you’ll probably be able to patent your invention.

However, if someone knows or finds out that you weren’t the real inventor, or that people knew about your invention before you applied for a patent, they could go to court and try to invalidate one or more claims of your patent. (There are a great many other grounds on which a patent can be attacked, but I think you’re just interested in these issues.) A U.S. patent (but not patents issued by most other countries) could still be valid even if you revealed your invention to other people before you applied for the patent, as long as your invention wasn’t known to the public more than a year before you filed your application.

To answer your second question, if your claimed invention includes a feature that is significantly different or an improvement over an old invention (or a previously known invention), then yes, you can get a patent on the new or improved invention. However, your patent would only cover products that included that improvement or novel feature.

Steven asks…

patent office?

What exactly do the people do there?

Andrew answers:

They look at patent applications and review pre-existing applications and patented inventions. They make sure the technology in a new application is patentable — novel and non-obvious.

Your questions about patent office is a post from: US Intellectual Property Law

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Can be stated as an service that is granted by the government and the creator of such patent is conferred with the sole rights in regards with the usage, making and the selling of the invention. After a certain thing is invented the creator of this invention, needs to go through a procedure to get this patent on a technology or a product. There are various steps of getting a patent and numerous reasons for getting the same.

The process of getting a patent registered is not an easy process and the inventor needs to go through a long legal process. The US Patent can be categorized under three sections i.e. utility patents, design patents and plant patent. Plant Patent can be granted to any person who discovers or invents and replicates any different variety of plant, asexually.

The utility patents can be granted to any person who discovers or invents an innovative and helpful article of manufacture, process, composition of matter or machine etc. The design patents can be granted to any person who creates and innovative ornamental and original pattern for a product to be manufactured.

The US Patent office is an organization of the U.S Department of Commerce. The chief function of this organization is to permit patents for protecting the valuable inventions and to grant them with the trademarks. This procedure recognizes the efforts of the inventors thus granting their inventions as a technology or a product

The US Patent office, in regards to the discharge of the duties of the patent, studies the grants and applications as to whether the filed patents fit in the parameters of registration process. This office also distributes and publishes the information of the patent, maintains the search files of U.S and foreign patents etc. The US Patent office distributes the copies of the official records and patents on a public level. Training is also provided to the practitioners by this office.

The procedure of getting a patent includes a thorough survey of the market that you wish to enter. One of the most significant steps of getting a patent is that the inventor needs to prove that there was no prior effort done for such kind of invention.

Last but no the least the inventor needs to make an application to the USPTO to be eligible to qualify for the legal procedure. With all these essential steps of getting a US Patent, you can get your invention on a technology or as a product.

US Patent is a post from: US Intellectual Property Law

]]> http://www.iplawintheus.com/us-patent/feed/ 0 http://www.iplawintheus.com/us-patent/ The US Patent Office http://feedproxy.google.com/~r/USIntellectualPropertyLaw/~3/Fo0nn1rlsVM/ http://www.iplawintheus.com/the-us-patent-office/#comments Sun, 11 Jul 2010 03:38:54 +0000 Andrew http://www.iplawintheus.com/the-us-patent-office/ The US Patent Office is a post from: US Intellectual Property Law

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The procedure of getting a patent is not easy and needs to be done through a proper procedure. This procedure involves meticulous legal process, through which it has to go through, and involves spending a lot of money. However, for people who cannot afford to pay these big amounts can secure their patents by themselves. The Federal Law has authorized the U.S Patent Office and Trademark Office (USPTO) to assist the people who have applied for patents without the help of their lawyers.

A patent can be stated as an invention that is granted by a government and the creator of such patent is conferred with the sole rights in regards with the usage, making and the selling of the invention. After a certain thing is invented the creator of this invention, needs to go through a procedure to get this patent on a technology or a product. There are various steps of getting a patent and numerous reasons for getting the same

The united patent Office is an organization of the U.S Department of Commerce. The primary function of this organization is to permit patents for protecting the valuable inventions and to grant them with the trademarks. This procedure recognizes the efforts of the inventors thus granting their inventions as a technology or a product.

They help and advise the President of the United States, the departments and the offices of the Department of Commerce, the Secretary of Commerce and other government organizations in solving the issue on the global and domestic level. The US Patent/United Patent Office encourages the technical and industrial progress the strength and economy of the nation through the protection, categorization and distribution about the information of the patent.

The united patent office, in relation of the discharge of the duties concerning the patent, inspects the grants and applications as to whether the filed patents fit in the parameters of registration. This office also distributes and publishes the information of the patent, maintains the search files of U.S and foreign patents etc.

They also distribute copies of the official records and patents on a public level. Training is also provided to the practitioners by this office.

The US Patent Office is a post from: US Intellectual Property Law

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A patent can be described as an invention that is granted by a government and the creator of such patent is conferred with the sole rights in regards with the usage, making and selling of the invention. After a certain thing is invented the creator of this invention, needs to go through a procedure to get this patent on a technology or a product. There are various steps of getting a patent and numerous reasons for getting the same.

These steps of getting a patent are not easy and need to be done through a proper and procedure. This procedure involves a legal process, which is quite inevitable, and involves spending a lot of money. But for the people who cannot afford to pay these big amounts can secure their patents by themselves as well. The Federal Law has authorized the U.S Patent and Trademark Office (USPTO) to assist those people who have applied for patents without the help of their lawyers.

But for the people who can hire a patent lawyer can follow the steps of getting a patent that are prescribed by the attorney thus making you tension free as the patent will go through a legal process. The vital steps of getting a patent are that you should be sure that your invention fits the parameters for a patent and justifies all the criteria�s of the invention.

The steps of getting a patent are obligatory for every inventor and the procedure may take a little long than expected. However, with these steps it will be easier to obtain long awaited results.

Following are the necessary steps of getting a patent. It is necessary for the inventor to keep a detailed proof of the invention. It is mandatory to put the date and sign each entry and keep two responsible people to sign these documents. At the same time it is also necessary to know that if your invention matches the parameters of the Patent and Trademark office�s board of categories.

Steps of getting a patent include a thorough survey of the market that you wish to enter. One of the most important steps of getting a patent is that the inventor needs to prove that there was no prior effort done for such kind of invention. Last but no the least the inventor needs to make an application to the USPTO to be eligible to qualify for the legal procedure.

With all these steps of getting a patent, you can get your invention on a technology or as a product.

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Relate to a software product or discovery in the field of software. Software patent is higly controversial and there are people who are for it and there are those who consider it a stumbling block in the invention and development of new software product.

Patent provides an organization or individual exclusive rights to protect their products or concepts from the others. For a specified period of time the patent rights are provided to the individual and during those specified period the patentee is free to use his concept for doing business. However if anyone tries to use the patentees concept, product or technique to make profits then this is termed a patent infringement.

The application for patent is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

The applicant for software patent has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the software invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won�t become a stumbling block in the invention of the new product. There is also patent litigation which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

There are many free software programs which are available for the use of the people in general; so if patents are provided then there remains a fear that it will hamper the growth of the software product. It was because of this many software programmers were unable to continue with their research work because they were unable to pay the fee asked by the company who had got license of that particular software programs.

Understanding the problem many software firms such as Microsoft, IBM etc. offered free patent license which enabled many developers to carry on with their research work. This was indeed commendable but in many cases still the developers have to suffer the most for want of money or resources.

Although software companies are trying hard that software patent should not become a stumbling bloc in the invention of new software products; still much is needed to be done.

So it is imperative that the patent application forms should be filled with utmost care. And during the patent pending period too it must be ensured that the others are not trying to use the applicant�s product for their own benefit.

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The provisional patent concept was introduced in the United States of America on June 8, 1995. This is infact first filing for the patent; it is also cheap. The patent in the United States lasts for 20 years; the date is calculated from the effective filing date. But a foreigner can have the privilege of patenting their product for maximum of 21 years. This is possible because they can first file for patent in their home country and later they can file for patent in the United States of America.

Provisional patent is a means by which you can apply for an early patent; it works somehow like patent pending. The provisional patent is generally filled before filing of the actual non-provisional patent.

There are no specific guidelines related to filing a provisional patent. A provisional cover sheet is provided which should be put along with the provisional application. The filling of the form is simple; you can fill it on your own or you can take the help of a professional for filling the application form. There are sites which provide detail instructions regarding the filling of the application form.

Provisional patent lasts for just 12 months which is not extended in any circumstances. So if a patentee wants to extend the period of his patent beyond 12 months then he must definitely file for non-provisional patent and this should be done within the 12 months. If he fails to file a non-provisional patent within the specified period then his patent period will expire. While filing for a non-provisional patent he should provide reference of the provisional patent.

Patent provides an organization or individual exclusive rights to protect their products or concepts from the others. For a specified period of time the patent rights are provided to the individual and during those specified period the patentee is free to use his concept for doing business.

The application for patent is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

The applicant for patent has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

If a provisional application is converted to non-provisional application then the application is measured from the date when the provisional application was filed. This is major drawback of this because here the applicant loses a vital one year. Many inventors are today going for provisional patent because of its usability.

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Today physical boundaries have ceased to exist. In this global village knowledge travels faster than even the speed of light! Whatever event takes place in any part of the world you cannot remain immune to new invention, introduction of new technology, a new scientific finding, new artistic design or any new R&D.

This new discovery soon becomes available to other people. This is in fact a threat to the inventor as it can be used by someone else to profit from or for any other purpose. To protect the right of these inventors the concept of patents was introduced

This is infact necessary and has been helping individuals, company�s and even countries that otherwise would have been at a disadvantage. For a specified period the rights are completely exclusives so these inventors can use it for business purpose and can make fortunes.

A discoverer needs to fill an application form at the patent office where he will have to furnish all the relevant details about his invention-the purpose and the usefulness of the discovery should be outlined exhaustively; the inventor may even be required to use illustrative diagrams. Different countries may have slightly different procedure but the central idea remains intact. Those desirous of obtaining patent are required to make their invention public.

After thorough examination the applicant is granted the patent rights. The patentee can use his discovered baby as per his own requirements and during those periods no one else is allowed to use the patentee�s work for any purpose-business or personal. After the expiry of the patent periods anyone is free to use the technology.

Patents are of different types like chemical patent, biological patent, software patent business method patent, petty patent or innovation patent, design patent and plant patent.

Although patents are territorial in nature and are mostly governed by the national laws but these laws are universally recognized. However patents have been the cause of major disputes too. If the dispute is confined to a national boundary then the respective country�s patent office can intervene but in the case of international disputes the matter becomes very complicated.

Efforts are being made to bring all patent laws under a single jurisdiction such as bringing it under the ambit of World Trade Organization. TRIPs Agreement was a move aimed in this direction and hopefully have also achieved success.

Paris Convention for the Protection of Industrial Property, European Patent Convention, European Patent Organization, and Patent Cooperation are some of the other international forums which are actively trying to ward off international disputes with regard to patents.

There are those who are against the patent. They argue that patent grant exclusive rights to a particular individual or company who can use it to exploit the people by eliminating the competitors. Moreover if the competitor was somehow late in reporting the discovery then he has to suffer. Patent also may act as stumbling block in new discovery.

Although arguments and counter-arguments will always exist but it is a known fact that patent have helped many discoverer in protecting their discovery.

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Any organizations in order to distinguish their product from others use certain symbols, signs or logos. This is termed as trademark or patent; it is a kind of intellectual property right. Here the organization has a specific product which is prepared by their own R&D and they try to ascertain that no one uses their products or the concept which was used to prepare their products.

In order to do so it is very much essential these organization starts using some kinds of identification such as name, logo, symbol or even a combination of these. These identification helps in establishing the uniqueness of the product and hence other organizations are barred from using the techniques adopted by the companies for selling their own product.

Patents and trademarks provide an organization exclusive rights which help them to protect their concept or idea from being used by someone else. The patent and trademarks rights are there for a particular period of time; after which any other person or organizations are free to use the concept or idea. If during these specified period if someone else tries to use the technique for their own benefit then it is illegal and the patentee can take legal action against the offender.

To patent a product one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept which he has invented.

In case of patents and trademarks infringement then the title-holder has all the right to initiate legal action against the person or organization that has violated the clause.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure.

Trademarks are essential because it helps the marketers to create a brand image of their product. The general masses are able to identify the product through these trademarks. In the advertisement too trademarks are used; these trademarks help in creating image of the product in the eyes of the customers. The symbol � or � to indicate that the organization has gone for the trademark; when the symbol � is used it means that the organization has not gone for the government approval but when the symbol � is used it means that the government has gone for prior approval from an authorizing agency such as the government.

It is imperative that the patents and trademarks should be continuously used in lawful manner otherwise its validity will expire. In most of the cases if the trademarks is not used for 5 years then its validity expires and one may have to go for renewal which may or may not be given depending on the situation.

Patents and trademarks are helping many genuine inventor and organization from protecting their invention from the others.

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Fear grips many inventors because they are always apprehensive that some people may use their invention or new concept for making profit. And in spite of hard work he will be a loser. To protect the rights of these individuals the concept of patent came into force.

Patent provides an individual or an organization exclusive rights which enable them to protect their concept or idea from being used by someone else. The patent rights are there for a particular period of time; after which any other person or organizations are free to use the concept or idea.

If during these specified period if someone else tries to use the technique for their own benefit then it is illegal and the patentee can take legal action against the offender. However, if anyone tries to use the patentee�s concept, product or technique to make profits then this is termed a patent infringement.

This is why it is always advised that those who are applying for the patent should go for patent search. Patent search helps to provide and individual with an idea that whether the product for which he is seeking patent is already patented or not. Patent search can be done in different ways. There are today online sites where the patent search can be done; these online sites will provide the lists of the entire patent from all over the world.

The respective patent office in each country has also information regarding the patents in that particular country and also about the products or concepts which have been patented all over the world. This also helps a lot in patent search.

Patent infringement means others trying to use a patentee�s technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.

So, if as proper patent search has been done then the chances of patent infringement is minimized.

Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

An applicant before filing foe patent should do proper patent search and should confirm from all the sources that his product is unique and has not been patented. After properly verifying he should go for filing the application for patent.

This will help him to ward off any trouble which would have otherwise created problem for him.

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When an applicant who has filed for the patent but has not been granted patent i.e. his patent application is under consideration then the term patent pending applies. Patent pending enables an applicant to prevent their invention from being used by others. So they can use the term patent applied for etc to warn others from using their invention for their own purpose.

However, there are also rules which warn those who try to marks any product or procedure as patent pending; different countries adopt different policies s far as patent pending requests are concerned. To patent a product one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept which he has invented.

Generally, the application is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The applicant goes through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won�t become a stumbling block in the invention of the new product. There is also patent litigation which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

There are several cases wherein during the patent period someone tries to use the concept of the patentee for business purpose or for some other purpose. This is termed as patent infringement. Patent infringement means others trying to use a patentee�s technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.

Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.

So it is imperative that the patent application forms should be filled with utmost care. And during the patent pending period too it must be ensured that the others are not trying to use the applicant�s product for their own benefit.

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