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Why Obtain a Patent?Most inventors seek a patent to obtain the actual or potential commercial advantages inherent in being able to exclude others. Given the high cost of research and development, the opportunity to recoup these costs through commercial exploitation of the invention may be the primary justification for undertaking research in the first place.
In patent matters, we assist domestic clients in obtaining patents for their inventions in foreign countries through foreign counsel. We counsel clients on the advantage of filing a Patent Cooperation Treaty (PCT) application in lieu of filing national applications abroad. We then utilize foreign counsel to file national or national stage applications.
Likewise, we assist foreign inventors to file national or national stage applications in the United States.
Our assistance extends to both foreign utility patents and industrial designs, as well as U.S. utility patents and design patents.
What is a Patent?A patent is an exclusive property right in an invention. Specifically, it confers the right to exclude others from making, using, offering for sale, selling, or importing the invention.Patents are of two general types, utility and design. A utility patent protects the functional aspects of an invention, and may be issued on any new or improved machine, material or process. A design patent protects only ornamental or non-functional aspects of an invention, and may be issued on any new design embodied in an article of manufacture.
Why file for a Patent?Because a patent grants an exclusive right in an invention, persons interested in making, using, offering for sale, selling, or importing the invention must obtain the consent of the inventor. The inventor is then in a position to license or sell this exclusive right to others. Are there any limitations to patentability?It is important to note that there are certain statutory requirements to the issuance of a patent:
- No patents may issue on inventions that have been described in a printed publication, offered to the public or for sale, for more than a year.
- f the invention has been patented in a foreign country, it must not have been filed more than one year ago.
- Patents may only be issued to the inventor or inventors that created the invention.
- A patent must be non-obvious. This means that the invention or improvements must not be of a type that would be obvious to another person similarly skilled in the art of the invention.
- A utility patent must be useful.