Bring Your Ideas to Life
With a Patent
Technology Law Can Guide You Through The Patent Process
Patents are essential for any business to create value and contend with any infringement. Technology Law, PLLC can help you minimize these headaches.
Attorney Kimble’s experience and knowledge can help you file the patents you need to protect your company. With our assistance, you can bring your idea to life and develop and raise funds for your concept.
Talk to us now to get started on the patent process.
- Chemical Patents
- Pharmaceutical Patents
- Design Patents
- Mechanical Patents
- Electronic / Software Patents
- Plant Patents
Ensure proper protection for your idea with a patent. Speak with the professionals at Technology Law, PLLC to schedule a time to discuss your patent needs.
A US patent gives the inventor the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the US.
The inventor (licensee or assignee) does NOT get the right to use the patent in the US; only the right to exclude others from doing so. Thus, the US patent grants the inventor the right to exclude others from the right to make, use, offer for sale, sell or import the invention. If someone infringes on your patent, you may initiate legal action. Patents in other countries can be obtained using our services.
The types of patents are
utility, design and plant patents
Utility patents are granted on a new or improved and useful process, machine, article of manufacture, or composition of matter. Term is usually 20 years from its filing dates. There are maintenance fees due after grant to keep the patent from being abandon.
Often a provisional patent application is filed but does not ever issue as a patent. Term is 1 year from its filing date.
Design patent are granted on a new, original, and ornamental design for an article of manufacture. Term is 15 years from its grant date.
Plant patents are granted on inventing or discovering and asexually reproducing any distinct and new variety of plant. This patent includes rights on the “parts” of plants (e.g., a plant patent on blueberry variety would include rights on the blueberries as a part of the plant). Term is usually 20 years from its filing date.
To get a patent granted, the examiner must be persuaded that: a) the invention was not known any where in the world (or space) prior to the filing date (objective); 2) is not an obvious variation or combination of what is known (subjective); and 3) has use that preferably has been demonstrated to work (not a theory or having no practical application). For example, these cannot obtain a patent: atomic or nuclear energy or weapons, nuclear materials, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion. However, this leave a vast array of things that can be patented.
Once a patent is filed with the USPTO and the filing fees paid, then https://www.uspto.gov/patents/basics/patent-process-overview
- Examination
- Office Action Issues
- Attorney/inventor files a reply
- Final Office Action issues
- Response is filed
- The application is allowed, fees paid and patent issues
- If the application is rejected
- Appealed to TPBA and/or courts, fees paid
- Abandon application / RCE is filed and fees paid and examination begins again
This can be a complex process and a patent attorney who knows the area of science of the invention can help.