Types of Patents Granted
“Patent FAQ”

The United States Patent and Trademark Office (USPTO) grants three types of patents:

• the Utility Patent, which covers an invention that is a “process, machine, article of manufacture or composition of matter,”
• the Design Patent, which covers the ornamental features of a device or product but does not cover the utilitarian features of the device or product, and
• the Plant Patent, which covers new and distinct variety of plants which are asexually reproduced, excluding tuber propagated plants of a plant found in an uncultivated state.

Patent Application Process

The patent application process can be difficult and confusing, especially for someone who is unfamiliar with the system and with how patents and patent claims are drafted, examined and interpreted by the courts. The best patent claims are those crafted to completely capture the invention and its basic aspects in a broad sense, ensuring that all activity encompassed within the invention is captured in the scope of the claims.

There are several steps in the patent application process and its filing: the submission of documents establishing and identifying the proper inventorship and ownership, an abstract, a specification, drawing, claims, and filing fees.

After the patent application is filed, it is assigned to an examiner who ensures all of the requirements are met before determining whether the application may become a patent. To be considered patentable, an invention must not have been known or patented by others, and must not have been exposed, sold or offered for sale more than one year before the patent application filling date.

Examiners who are not convinced of patentability may issue a second or final rejection. It may be necessary to further revise the claims, but this may also mean the application is unable to overcome the rejection. If an application challenges an examiner’s rejection and is successful, the application will proceed to issuance.

Do You Suspect Patent Infringement?
“Find Out Now if Our Contingency-Based Patent Law Firm Can Help You Protect Your Intellectual Property Rights”

A patent holder may find reason to initiate a patent infringement lawsuit when someone makes, uses or sells the invention without the patent holder’s permission.

How Patent Claims Affect Patent Infringement Lawsuits

In an infringement suit, the claims of a valid patent are interpreted to determine whether or not an alleged infringer’s activities fall within the scope of any of the patent claims. This analysis is very thorough and can be exhausting. In addition, In a patent infringement lawsuit, the alleged infringer will very likely also attempt to attack the validity of the patent and the patent claims to try to have the patent declared invalid.

First Steps in Patent Infringement Cases
“Involve a Patent Attorney as Soon as Possible”

If you suspect your patent is being infringed, it may be important to speak with a patent lawyer about your intellectual property rights, but you need as much information as possible. First steps to protecting your patent include:

• Try to determine the exact activity of the potential infringer. Obtain product literature, trade intelligence, reverse engineering, and press releases.
• Involve a patent lawyer in your case as early as possible.
• Retain documentation of your own patent activity and product development.

Why You Need a Patent Attorney

Early involvement of a patent infringement attorney in any potential infringement matter is important. The matter involves issues related to determining damages, appropriate jurisdiction and the like. The patent owner’s own activities can impact these determinations. Therefore, it is important to obtain appropriate legal advice to navigate through the potential infringement matter. Additionally, laws change, and current proposed legislation, could further impact jurisdictional considerations, so it is wise to seek advice of counsel early.

Patent protection attorney Tara J. Williams may help patentees who feel patent infringement is happening to them.  Call our contingency-based law firm today for a free evaluation about your potential case.