What is Licensing a Patent or Assigning a Patent, and How are they Different?
A license vs assignment of a patent; different strategies. When you license a patent to someone, you essentially grant the right to a third party to make, use and/or sell the invention that has been patented. The third party can be one or more individuals or businesses, for example. A license can be exclusive to […]
Are Us Patents Enforceable in Other Countries?
Typically, with some exceptions which exist in some rather rare occasions, a US patent provides protection in the US, only. So, the short answer is No. In other words, a US patent holder can stop others from making, using, selling, or offering to sell that which is covered in the patent in the US. This […]
What is a Patent Attorney Lawyer in the United States?
A patent attorney in the United States is a highly specialized type of attorney. In the US, it is one of the only, if not the only area of the law that has a separate bar exam. Generally, a patent attorney will have a technical degree, most often an engineering degree, or a science degree, […]
How Are Patents Enforced and How to Prevent Infringement of Intellectual Property?
In a most general sense, a patent is enforced through the Federal Courts of the United States. A complaint can be filed in a Federal District Court to enforce a patent against a defendant. There are many rules as to where and how such filings are made, and they may be made by patent owners […]
What Are the Different Parts of a Patent Application
A patent application includes several parts that together describe an invention in a manner that can be presented to the United States Patent and Trademark Office (USPTO). The application document itself includes an abstract, a background of the invention, a summary of the invention, a detailed description of the invention with reference to attached figures […]
What is the Best Way to Determine if my Invention is Patentable?
Importance of a Patent Search and Analysis by Patent Attorney The best way to determine whether an invention is patentable is to have a patent search completed with the results of the patent search analyzed by an intellectual property law firm. The searching uncovers prior art that is publicly available. The question then is, “what […]
Why Is a Patent Important? How Does It Create Value for an Invention?
A patent provides the legal right to exclude from making, using, selling or offering to sell (often called “practicing”) the patented invention in the United States for a set period of time. This right can be very valuable as it can be used to keep potential competitors being able to effectively compete with the patented […]
How Long Does a Patent Last (Calculating the Patent Term Length)
Three Types of US Patents In the United States there are three types of patents, utility patents, design patents, and plant patents. Each of these types of patents covers a different area. Utility patents are directed to a useful invention that has functionality, with functionality being the key to a utility patent. A design patent […]
Patentable Subject Matter: What Can Be Patented and What Cannot Be Patented?
From a utility patent standpoint, inventions that are patentable include any new and useful process, machine, manufacture, or composition of matter. Additionally, any new and useful improvement to any of the foregoing are also patentable, as long as they are novel improvements and non-obvious improvements. Non patentable inventions include inventions that are abstract subject matter, […]
How is a Patent Different from a Trademark or Copyright?
Patent vs. Trademark vs. Copyright These three areas of the law are vastly different, yet there is overlap between them. In some instances, more than one of these may apply to the product or item that you wish to make and/or sell. How are these different, how are they the same and how do they […]
