Posts Tagged ‘patent lawyer’

General Patent Information.

Friday, December 11th, 2009

Patents are quite commonly granted in the US. Inventors can apply for patents in the US for new products and processes that they have invented as well as for discoveries. When a person gets a patent he/she gets the exclusive rights to the widget invented which would prevent anyone else from manufacturing and selling the product that is patented. This is generally valid for a period of 20 years and is argued that these measures go against the grain of capitalism and also hinder competition. The true spirit of capitalism actually allows and promotes competition and free flow of unrestricted information.

Patents serve an important purpose. They help innovative startups preserve their interests in a highly competitive world which help to defend the company. Companies use patents to gain competitive and also strategic advantage in a ‘dog-eat-dog’ world. One needs to do a search for patents and patent attorneys also check this out before filing a patent on behalf of the innovator. One can also use software to gather, sift, predict and manage technology using the patent.

There are some specific requirements of patents. For one, it has to be proved that the invention is indeed unique and is not an insignificant improvement over what existed earlier. Individual governments give patents to help the innovator and also society. These patents help the innovator produce their invention on mass scale without fearing undue competition. These patents help to deter free riders and idea thieves who might steal the product innovation without spending on R&D or making any effort.

It is required that you file the patents before making the invention public. If it is disclosed prior to being implemented, it would not be granted a patent as one cannot patent ideas. But if you file a patent with sketches and descriptions of the invention duly notarized, the USPTO would accept it and hold it for two years.

It is also possible to find patents for business processes. These are used for chemical formulas, inventions and other discoveries. Earlier, business method patents considered non patentable as they are rather abstract in nature and not in physical form, as such. As of now business method patents are not under question, but there are certain criteria and algorithms in the realm of patentable subject matter.

Commercial designs for products are also protected by patents in this day and age. These can help in protecting new and unique designs in computers and accessories and peripherals. These help prevent any copycat designs by unscrupulous competitors and design thieves. On the other hand, there are design patents that do not protect an invention or an idea but just the external and ornamental design of what has been depicted and shown. This is being on a stickier wicket than when you have a utility patent, because copies are easier to effect.

Design and Business Method patents

Monday, December 7th, 2009

Ideally, a patent application should be made before the invention is disclosed to the public. Once the invention is made public, you lose the opportunity to file for patent protection in most foreign countries. Ideas cannot be patented. However, you can file a Disclosure Document — a witnessed and notarized description and sketch of your invention — which the USPTO holds for two years.

Business method patents are part of a larger family of patents known as utility patents that protect inventions, chemical formulas, and other discoveries. A business method is classified as process because it is not a physical object like a mechanical invention or chemical composition. Business method patents are only one embodiment of abstract ideas that were deemed to be non-patentable subject matter. While there no longer is a “business method patent” exception to patentable subject matter, the algorithm exception to patentable subject matter still stands.

Design patents are a useful tool to protect innovative designs in computer equipment and peripherals. New, original commercial designs for products can be protected relatively inexpensively, thereby preventing a competitor from making a product which looks identical to an existing product. Design patents only cover an item’s look or form. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. This means that they are weaker than a utility patent, but because they are VERY easy to get you should consider them to round out your portfolio.

General Patent Information

Monday, December 7th, 2009

Patents are granted by the US government to inventors for new, non-obvious and useful inventions and discoveries, and similar standards of patentability are applied around the globe. A patent grants to its owner the right to exclude others from making, using or selling a patented machine or composition of matter, or using a patented method, typically for a period of 20 years from the date of filing a patent application. Patents are anti-capitalist and they do not allow competition. For capitalism to work their must be freedom of information. Patents are good for 20 years from filing date.

Patents are not the only defense, but they are a vital one to innovative startups that must survive in a real world. In business, as in the jungle, respect is given only to those who can protect themselves. Patents are an important source of technological intelligence that companies can use to gain strategic advantage. New software can be used for gathering, analyzing, forecasting, and managing external technology related information, including patent information. Although a preliminary patent search is suggested, before filing a patent attorney will want to do an independent search before proceeding.

Patents are usually rich in references which have to be cited to demonstrate that the particular patent is unique from, or a non-trivial improvement over, the prior art. One patent can lead to 10 or 50 related patents which each lead to even more. Patents are issued by individual governments and are meant to benefit both the inventor and the society at large. Patents provide the inventor with a temporary right to produce and sell their invention without the threat of competition. Patents are typically used as barriers to entry to particular markets and industries by preventing “free riders” from knocking off successful products without significant investment in product development and market development. It normally is the case that a given industry will have a limited number of competitors.