Technology and Patents

Over the past 30 years there has been a multitude of new and exhilarating inventions and discoveries. These advances have affected the lives of people almost all over the world and have created a new concept of electronics and information technology. With the ongoing growth, people are faced with new challenges and there is the continuing question of how to protect these rapid developments from exploitation and infringement.

Need legal help regarding a patent? If so, contact one of our patent attorneys and seek information how to protect your rights today.

Patents secure the invention, which grants the inventor the exclusive rights of their work and prevents others from claiming it as their own throughout the duration of the patent term. The Trademark and The United States Patent Office was established in 1977 with the Patent Act. The significance of new inventions is an important part towards the growth of our society. The value has been adopted into the U.S. Constitution:

Congress shall have power . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

Patent requirements

The inventor is required to contact and apply to the United States Patent and Trademark Office (USPTO) in order to acquire a wipo patent or protection of their invention under the United States Law. Patents for world intellectual proprety are generally controlled under the world intellectual property organization. Typically, people apply for utility patents, which contain a patent life span of twenty years. Utility patents comprise of any useful and new machines, processes, manufactures or enhancements thereof. Once an inventor submits for a patent, the United States Patent and Trademark Office decide if the invention meets the criteria based on the following:

  • Statutory
  • Nonobvious
  • New
  • Useful

Once the application is received, the Patent and Trademark Office will review the initial qualifications. If every requirement meets its expectation, the application is reviewed by a Patent Office Examiner in the order which it was received. After a time of examinations, legal checks and study of applications a decision is made as to if a patent is to be issued or dismissed.

Patent scams

Unfortunately, there are numerous inventors that have been prevented from patenting their inventions due to inventor scams. Fraudulent companies many times offer services for review and then market the inventions to manufacturers and distributors. Depending on the invention, a person can be charged a fee ranging from $2000-$8000, depending on the invention. These companies assure that there will be no need for a patent and that a wise marketing approach will be better and faster for earning money for the inventor. Once the fee has been paid, the inventor will then realize that the representative that was there to help is now no where to be found.

Patent Infringement

Once the United States Patent and Trademark Office award a patent to an inventor, under Federal patent law the invention is protected. If any case arises under an unauthorized distribution, uses or manufacturing of any patented invention the Federal courts have full jurisdiction over the matter. The patentee has the right to prevent any further infringement from continuing and may also sue for any damages and monetary compensation.

If you have made an invention and you are not sure as to whether you will need a patent or if you are not sure how to go about securing a patent, you might want to contact a patent attorney. Maybe you are an inventor, a patentee, and you are aware of an infringer who is wrongfully making use of your invention and you would like to take legal action.

Need legal help regarding a patent? If so, contact one of our patent attorneys and seek information how to protect your rights today.