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PATENTS
A Patent may be obtained for any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof. Patents grant the right to exclude others from making, using, selling, or offering for sale the invention. With some exceptions, patents must be obtained individually from each desired country's patent office. We look forward to representing you in the Patent Process.
Services include:
Patent and Trademark Searches (U.S. and foreign countries)
Disclosure Documents
Patent Applications (U.S. and foreign countries)
Patent Prosecution
Professional Patent Drawings
Paying Patent Maintenance Fees
Confidentiality Agreements
Foreign Patent filings, including PCT and EPC
Evaluating Patents
The Patent Process:
- Conception Date: The date on which the inventor had the idea in its entire form. The United States Patent Office generally grants a patent to the first person to conceive of an invention rather than to the first person who files an application for a patent on the invention.
- Patent Search: This is an optional procedure, but highly recommended. The
search can often tell if the invention is not eligible to be granted a patent.
- Patent Application: The application is a detailed description of the invention and how it functions. Once an application has been filed with the U.S. Patent Office, the inventor may say that his invention is "patent pending".
- Filing date: The date on which the application was received at the Patent Office. If the application was filed by a patent attorney, the filing date for the application is the date it was electronically filed.
- Prosecution: The period of time beginning with the filing of the application and ending either when the patent has been issued, or the application has been abandoned. The Patent Office examines the application during the prosecution period to determine whether a patent should be issued on the invention. During the prosecution, the invention is “patent pending”.
- First Office Action: During the prosecution, the Patent Office may reject or make objections to some or all the claims in the application and will send written documents to the patent attorney stating the basis for the objections.
- Response to First and Second Office Action: Applicant's patent attorney responds in writing to the Office Action. If the response is successful, a Notice of Allowance will be issued. If the response is unsuccessful, a Second Office Action will be issued. The Second Office Action is handled in the same manner as a First Office Action, if the response to the Second Office Action is successful, a Notice of Allowance will be issued, and if unsuccessful, prosecution ends.
- Notice of Allowance: The Notice of Allowance will designate a time in which to pay the Issue Fee.
- Issue Fee: An issue fee must be paid to the Patent Office in order for the patent to be issued. Approximately four months after payment of the Issue Fee, the Patent Office will issue the patent.
- Patent Published in Official Gazette: A portion of the patent is published in the Official Gazette for Patents on the patent's issue date.
- Issue Date: The day on which the patent issues and is assigned a patent number. After the patent is issued, the invention should be marked "patent" or "pat." together with the patent number.
- Patent Term: The term for a utility patent expires 20 years from the filing date, provided all maintenance fees have been paid in a timely manner. Design patents expire 14 years from the issue date, and plant patents expire 20 years from the filing date.
- Maintenance Fees: Utility patents require payment of maintenance fees three times during the life of the patent in order to keep the patent from expiring prematurely. Maintenance fee payments are not required for design patents or plant patents.
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