Patent Infringement – What is Infringing on a Patent? Patent infringement is when someone makes, uses, or sells a protected invention. Patents are issued for new utility, plant, and design (industrial design) inventions. Each country issues its own patents, and enforcement is only possible in a country where a patent is issued. The scope or …
Origin of Patent Trolls There seems to be some discrepancies among sources for the origin of the term “patent troll.” According to Invenstopedia, the term was first coined by Paula Natasha Chavez, a U.S. Intellectual Property Law attorney, in an education video about the misuse of patents in the United States. An article in WIPO …
What is a patent? – 35 U.S.C. 101 – Inventions Patentable Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title. Patent an Invention with International Patent Applications An …
Patent Application Cost Events There are five patent application cost events when pursuing a patent for an invention that will incur professional fees. Importantly, after filing a patent application, there are patent prosecution events that add cost. The five patent application cost events are: first, a professional fee for a prior art search and patentability …
Determining Patentability is Best Done by an Expert Do you need to know if your invention or idea is patentable? In the United States, a patentability expert is a USPTO Registered Patent Practitioner who practices in prosecuting patent applications. Our patent expert has successfully prosecuted many patent applications and can help you find out. For …
What Happens After an Application is Pending? Pending applications often require further communication with the USPTO & WIPO. While a patent is pending, frequently amendments, new/revised claims, or further explanation is needed. These communications occur during patent application prosecution. Note: new matter may only be added in a new application. If new matter is needed to support claims during …
Basic Requirements to Patenting Software The basic requirements are that the software be patentable and a patent application is filed, prosecuted, allowed, and issued. What are the basic requirements for software to be eligible to apply for patent protection? When patenting anything in the U.S., software included, the claims of the invention must meet four …
Everything Necessary to do a Prior Art Search Yourself There are three basic elements of input needed to do a pre-patenting prior art search. You will use a good description of the invention to create a list of keywords and phrases that describe what the invention claims to be. You will use the description and …
Patent Legal Services Need a Patent Agent or Patent Attorney Regarding patent agent legal services, only those licensed to practice before the USPTO can prosecute a patent. Only patent practitioners (patent agents and patent attorneys) can prosecute patents; non-patent attorneys cannot. Whether a patent practitioner is a member in good standing of some state’s legal …
