Patent Law for Inventors

tag:blogger.com,1999:blog-53960215537000583782012-02-10T12:00:06.461-05:00Patent Law for InventorsThroughout history America has proven to be a leader in innovation. Although many have tried, no one has been able to duplicate its inventors’ boundless spirit. That being said, monetizing an invention is not easy. There are some skills that you will need to learn and there are pitfalls that you want to avoid. Surprisingly, there are very few websites out there that inventors can turn to. The ones that exist have enough misinformation floating around in them to warrant this site.Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-5396021553700058378.post-64203401781487547072020-02-23T13:26:00.002-05:002011-09-15T23:18:29.917-04:00Welcome to Patent Law for Inventors

Thank you for visiting. The Internet has become a terrific resource for information on any subject, especially legal. Nearly every law, rule, and case is available online, many times with commentary from exceptional attorneys. The same is true for Patent Law. So why another Patent Law site? To provide commentary on an area that gets very little attention from patent professionals online

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-32166190633048924182009-10-28T23:15:00.001-04:002010-02-04T15:27:31.513-05:00Answers to Questions from Visitors

I started this site to provide a one stop source for answers to the most frequently asked questions about patents and the patent process. I compiled the list of questions in the FAQ primarily from the questions that my clients typically ask. Now that those are answered, it's time to turn to the questions/keywords sent to Google that directed visitors to this site. 1. How much

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-22547898335470572552009-10-18T22:51:00.256-04:002010-03-03T22:53:26.891-05:00How do I choose an attorney or agent? What about Invention Marketing Companies?

I was going to skip this post, but I spoke to a colleague recently that reminded me how important it is to choose the right patent attorney. This colleague started a business roughly five years ago to produce novel software for streaming media. At inception, the business took steps to protect its intellectual property, including pursuing patents and trademarks. For its patent applications, the

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-36111044053286516532009-10-17T23:56:00.254-04:002009-12-27T23:54:16.490-05:00How can I be sure that I am not infringing someone's patent?

Defending against patent infringement can cost several millions of dollars. As a result, it is a prudent business strategy to perform a clearance search before investing any substantial amount of money in research and development for a new product. The clearance search is much like the prior art search, except that the focus for the clearance search lies on the claims of issued patents. That

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-56402863671048775582009-10-16T23:55:00.003-04:002009-11-15T22:39:45.364-05:00How do I know if someone is infringing my patent?

The most common type of infringement is direct infringement. For direct infringement, the patentee must show that the infringing party is either using, making, selling or offering to sell a product that infringes at least one of the claims of a patent either literally or under the doctrine of equivalents (DOE). A product literally infringes when it exhibits all of the limitations of a claim. A

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-58421982509613058532009-10-15T23:54:00.003-04:002010-01-26T00:38:34.522-05:00What happens after I receive a notice of allowance?

A notice of allowance is a document that the Patent Office communicates to the applicant when it is satisfied that the patent application complies with the applicable Patent Laws and Rules. The notice of allowance marks the close of prosecution and the applicant will have to pay the issue fee for the patent to grant. An applicant can only file a continuing application that claims the benefit of

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-3369328300306921462009-10-14T23:51:00.003-04:002009-11-11T21:21:44.343-05:00Is my invention patentable?

A patent application will be examined to ensure that it complies with the patent laws and rules before it can issue as a patent. The most commonly cited laws in rejections from the Patent Office are 35 U.S.C. 101, 102, and 103. 35 U.S.C. 101 - Under section 101, the claimed invention must be "a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-62190807876265821622009-10-13T22:50:00.004-04:002010-03-10T09:25:49.635-05:00How much is it going to cost to get a patent?

It shouldn't surprise anyone to hear that it is not inexpensive to get a patent. A general understanding of the work necessary to get a patent will help applicants appreciate the effort that goes into the cost while also allowing applicants to take steps to minimize the cost. Costs will generally be incurred at three distinct times in the life of a patent: during 1) preparation and filing, 2)

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-52231682878571378122009-10-12T23:45:00.003-04:002010-03-31T13:57:59.732-04:00What if I want to file in a country outside the U.S.?

The U.S. has entered into treaties with almost every industrialized country, which allow U.S. applicants to file patent applications with the party nations within 12 months of the earliest U.S. filing date and get the benefit of the U.S. filing date. In addition, the U.S. is a party to the Patent Cooperation Treaty (PCT), which allows applicants to file a single international application within

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-22495660870967772742009-10-11T22:51:00.001-04:002009-11-11T21:26:09.580-05:00How long is it going to take to get a patent?

Unfortunately, there is no standard amount of time that it takes to get a patent application to issue. There are many variables, such as the particular class that the invention falls into and the examiner that has been assigned the application, that dictate how long it takes a patent application to be examined. The patent office has set a few self imposed time limits though. For instance, the

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-18704528742210836152009-10-10T13:38:00.001-04:002009-11-11T21:27:23.872-05:00What to expect after filing an application.

After an inventor decides that he or she wants or needs to file a patent, the inventor will you need to determine what type of patent to file. The three most popular are: provisional, utility, and design. Utility and design applications are the only ones from these three that will be examined by the Patent Office. Examination means that the examiner assigned to the application performs a prior

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-41097442871759184472009-10-09T16:39:00.001-04:002009-11-07T23:33:36.231-05:00Should I outsource my patent work?

Over the past few years, it has become fairly popular for individuals and law firms to outsource some of their legal work to foreign countries. The major factor in doing so of course is the lower cost of services. The savings can be substantial, for example, in a large document review project. On a much smaller scale, however, such as a prior art search or a patent application, any savings are

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-25682268460671975692009-10-08T09:10:00.002-04:002009-11-15T00:26:15.856-05:00How do I file a patent application?

I always advocate that inventors file a provisional application on their own if they feel comfortable to do so before they commit to the utility application. This gives them 12 months to market their invention to determine if it has legs before the spend money on the more expensive utility application. That being said, there are filing requirements that must be followed in order for the mailing

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-55003452671511950402009-10-07T23:56:00.004-04:002010-02-24T15:42:21.390-05:00Can I prepare my own patent application?

If you have some technical writing experience you most certainly can prepare your own application! The most popular types of applications are: provisional, utility, and design. Provisional applications are not examined whereas utility and design applications are examined. This difference means that it is much simpler to file a provisional application on your own than the utility and design

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-31287539354548786262009-10-06T23:00:00.004-04:002010-02-23T11:36:59.522-05:00Do I need a prior art search?

A prior art search is not a prerequisite to filing a patent application. The Patent Office will conduct a prior art search as a part of the examination process. Notwithstanding, inventors should and often opt for a prior art search before they invest any substantial amount of money filing their patent application. At a minimum, inventors should perform a preliminary prior art search on their own

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-85379582689026257982009-10-05T00:11:00.000-04:002009-11-07T22:49:16.508-05:00When should I file a utility patent application?

For most inventors, the primary benefit of filing a provisional patent application is that it delays the cost associated with a utility patent application for up to 12 months. Unfortunately, this also delays the grant of the patent. There are instances, however, when it is better for the patent to grant earlier than later. This is particularly true for items, such as toys, consumer electronics

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-81957144798712226382009-10-04T23:17:00.000-04:002009-11-07T22:47:56.205-05:00What type of patents can I file?

The most popular types of applications are: provisional, utility, and design. The provisional application is the least expensive. There are very few formalities, which makes it the most appropriate for inventors to file on their own. Provisional applications are not examined and they must be converted into a utility application within 12 months of the filing of the provisional. A utility

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-55097760131603251022009-10-03T00:04:00.000-04:002009-11-07T22:46:52.913-05:00When should I file a patent application?

There are clear advantages to filing a patent application as soon as one is capable of doing so. For instance, the U.S. has a first to invent patent system. What this means is that the applicant entitled to a patent is the first to conceive of the subject matter of a patent application. Absent any evidence to the contrary, the Patent Office presumes that the date of the invention is the filing

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-58975274068960469282009-10-02T19:06:00.000-04:002009-11-07T22:41:48.628-05:00I have an idea. Now what?

So you have an idea for a product and you think it is going to be the next big thing. The product may very well have the potential of being the next big thing, but it won't unless you put in the effort necessary to bring the product to market. You can accomplish this by either licensing your idea to someone that produces the item or you can produce the item yourself. Regardless, you will need

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-19024319839342975752009-10-01T23:30:00.000-04:002009-11-08T22:22:02.204-05:00Trademark Primer - Chose your marks wisely.

I had a meeting recently with a client about the strength of their marks and I thought I would share. In a nutshell, trademarks are words or phrases that identify the source of a product or service. In terms of strength, their are five levels of marks ordered in order of their strength, strongest first: (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Fanciful marks

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.comtag:blogger.com,1999:blog-5396021553700058378.post-59926614517706425832009-10-01T11:50:00.004-04:002010-12-13T09:34:08.045-05:00Freqeuntly Asked Questions

1) I have an idea. Now what? 2) When should I file a patent? 3) What type of patents can I file? 4) When should I file a utility patent application? 5) Do I need a prior art search? 6) Can I prepare my own patent application? 7) How do I file a patent application? 8) Should I outsource? 9) What happens after I file a patent application? 10) How long is it going to take to get a patent?

Antonio Papageorgiouhttp://www.blogger.com/profile/09665684872611812452noreply@blogger.com