What is a patent?

A patent is a set of exclusive rights granted by a national government to an inventor or his assignee for a limited period of time in exchange for a public disclosure of an invention. 

How may a patent be used?

A patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned. 

How can a patent be enforced?

Patents may be enforced through civil lawsuits in a United States federal court. The patent owner may seek monetary compensation for past infringement, and seek an injunction prohibiting the defendant from engaging in future acts of infringement. In order to prove infringement, the patent owner must establish that the accused infringer practices all of the requirements of at least one of the claims of the patent (noting that in many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the "doctrine of equivalents"). 

Who can apply for a patent?

In most countries, both individuals and corporate entities may apply for a patent. In the United States only the inventor(s) may apply for a patent although it may be assigned to a corporate entity subsequently and inventors may be required to assign inventions to their employers under a contract of employment. The inventors, their successors or their assignees become the proprietors of the patent when and if it is granted.  

The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves. 

Steps Involved to Filing a Patent

A patent is requested by filing a written application at the United States Patent and Trademark Office. The application contains a disclosure of how to make and use the invention that must provide sufficient detail such that a person skilled in the art is able to make and use the invention. An application normally includes a cross reference to another previous patent if applicable; a background discussing related patents previously disclosed and how the present invention might solve existing problems; a brief description of the invention; a brief description of the figures; a detailed description of the embodiments of the invention; a set of claims to strategically protect the intellectual property disclosed in the application; an abstract; and a set of figures that are numbered to coincide with the detailed description. 

Claims are not required in a Provisional application. The claims of a Utility application set out what the applicant is seeking to legally protect in that they define what the patent owner has a right to exclude others from making, using, or selling, as the case may be thereby providing the "scope of protection" of the patent. 

After filing, a Provisional or Utility application the invention is often referred to as "patent pending." While this term does not confer legal protection, and a patent cannot be enforced until granted, it serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages. 

How can we assist you in the protection of your idea?

As Registered Patents Agents we possess engineering expertise combined with patent know-how. We are pleased to assist our client inventors to maximize their experience with the patenting process through enabling full disclosure of their idea in an application compliant with USPTO standards. We strive to provide our clients with broad legal protection for their intellectual property and knowledge of the process to maximize efficiency and returns on investment. We offer competitive pricing and friendly, prompt service through the filing and prosecution stages of the patent.

Feel free to contact us with any questions or for a free quote.