Patents Law Attorney
Patent law is an increasingly relevant topic across the board, being essential for businesses of all types. From manufacturing to pharmaceutical development and everything in-between, legal patent protection is necessary for success.
To be eligible for a patent, your invention must meet certain criteria according to our friends at Patent, PC. These include novelty, inventive steps and non-obviousness.
Patentable Subject Matter
If your clients have an idea for an invention or product, laws can protect that innovation from competitors. Achieving a patent is essential as it prevents others from copying your work and selling it at a profit without permission – thus helping keep profits in your pocket!
The initial step to obtaining a patent is making sure your invention meets the basic eligibility requirements for patent eligibility, which are outlined in 35 U.S.C Section 101 and include being useful as a process, machine, manufacture or composition of matter and being non-obvious.
Patentable inventions must also fall within one of four statutory subject matter categories, such as processes, machines, plants and their varieties, or chemical substances.
Although the four statutory categories are expansive and encompass virtually everything under the sun, there are exceptions that prevent certain items from patent eligibility. These exceptions, known as “judicially recognized exceptions,” exclude abstract ideas, laws of nature and natural phenomena (including products of nature) from patentability.
For instance, courts would likely reject any claim to using a computer system as an intermediary in a financial exchange transaction since this concept of using computers to manage transactions between two parties is considered abstract.
However, using a computer system to monitor and collect data from financial exchange transactions is not considered an abstract idea and can be patent protected.
Determining the basics of laws for your clients is essential early in their invention journey. Once they understand which subject matter category applies to their invention, they can begin assessing prior art against this backdrop.
The second step in a patent application is to prove that an invention is non-obvious. This requires reviewing prior art to determine if it would be obvious to someone with ordinary skill in the field. This analysis can be complex, requiring extensive knowledge of both subject matter and analysis of related prior art.
A patent for your process is an essential step in safeguarding your business. It grants exclusive rights to use and profit from the technology for two decades from the date of application, preventing others from exploiting it and making money off it.
Unfortunately, it can be a lengthy and complex process. Therefore, it’s best to seek professional assistance from an experienced patent attorney who knows how to draft your application correctly. Furthermore, you may need to pass through several rounds of examination by the USPTO before receiving your patent.
One of the prerequisites for obtaining a patent is that your idea must be unique and nonobvious. This means it shouldn’t be obvious to someone knowledgeable in your field or someone who has previously invented similar processes.
Another prerequisite for your idea to be considered successful is its usefulness in achieving a goal. While this metric may be challenging to define, it’s essential for your application to be successful.
If you have an inventive solution for attaching tubes to a swing, your invention must be new and not obvious to those familiar with how swings function. Furthermore, it must produce results that make the product more useful or efficient than its current state.
Additionally, a patented process must be suitable for industrial application. This can prove challenging when your idea involves technology that’s not yet widely adopted or only available in limited quantities.
The USPTO has published guidelines on how to evaluate an idea for patentability, but you will still need the help of a knowledgeable and experienced patent attorney in order to guarantee your idea is eligible for protection.
The patent system encourages innovation and provides a legal framework for disseminating technical data and technology transfer. WIPO supports this effort through its Inventor Assistance Program, which matches inventors with patent attorneys in developing countries who offer free legal services.
Patents are a type of intellectual property law that safeguards new ideas and concepts. Securing a patent is an essential step for inventors, as it grants them exclusive rights to utilize or manufacture their invention without permission.
A patent can be granted for any novel and useful idea or concept, as well as improvements made to an existing idea or concept. There are three main categories of patents: utility, design and plant.
A utility patent is the most common type of patent, covering processes and compositions of matter that are new and useful. They may also be granted for significant improvements made to an already patented process, machine or manufacturing method.
Four criteria determine whether an idea or concept is patentable: novelty, non-obviousness, inventiveness and feasibility. A patent attorney can help you comprehend these factors and determine if your idea or concept qualifies for a patent.
Novelty refers to the uniqueness of your idea or concept when compared to prior knowledge and similar ones. To be eligible for patent protection for your invention, it must have an original, creative concept.
Non-obviousness is a concept used by the USPTO to assess whether someone else could reasonably invent something similar to your idea or concept. For instance, if you develop a transportation system that takes people to Mars overnight, it may not be obvious today due to its uniqueness from previous space travel methods; however, six years from now it could become obvious for patent officers who relied on prior art when making their determination.
Before the USPTO will grant your patent for a perpetual motion machine, they require that you create a working prototype. This is to guarantee your invention truly functions as a perpetual motion machine rather than simply something with the potential of producing more energy than it consumes.
Plant patents are granted for new plant varieties that have been asexually and asexually reproduced. These plants cannot be tuber-propagated or found in an uncultivated state and must be grown by humans.
Chemical patents provide legal protection to keep others from using the same chemicals or molecules for a specified period. To obtain one, an inventor must prove their invention is new and original, as well as explain how it can be turned into a marketable product.
The chemical world is full of thousands of patented substances, from basic elements to sophisticated synthetic polymers and specialty materials. These inventions form the basis for research and development into new products such as medicines, vaccines, environmental technologies, and sustainability solutions.
Chemical patents usually cover compositions of matter (new chemical compounds, mixtures and pharmaceuticals) or processes (e.g., drug synthesis). On the other hand, there are many other types of patents for machines, products, business methods, plants and industrial designs as well.
Chemistry was once the domain of discovering new chemicals, but nowadays most patents in this field involve creating a novel or improved formulation or using an already patented substance in new applications. Over the last few decades, inventions in this field have grown exponentially due to growing demands for more sustainable alternatives to traditional products, as well as technological advancements which make synthesis and testing new materials much simpler.
Chemical researchers often rely on abstracting services like Chemical Abstracts Service and SciFinder for patent coverage, the latter of which contains an enhanced patent coverage database called CAplus that includes information based on both simple priority application relationships as well as extended family members. These databases help chemists discover their patentable ideas and concepts faster.
Once a chemical patent is filed, it remains valid for 20 years from the filing date. Inventors may then seek to extend its protection through an application to a PCT international patent.
When applying for a chemical patent, scientists must guarantee that their invention has not been previously patented anywhere – this is known as novelty. Additionally, chemicals must belong to classes protected by specific classification systems like the International Patent Classification System (IPC).
If you are in need of help obtaining a patent, contact a law office near you.