A patent confers the owner with the right to exclude others from making, offering for sale, or selling an invention in the United States and of importing the invention into the United States.
A patent does not confer the owner with a right to make, use, offer for sale, sell or import. Rather, it confers the owner with the right to exclude others from making, using, offering for sale, selling or importing the invention. Patents are territorial so a patent granted in the United States is effective and enforceable only within the United States, U.S. territories, and U.S. possessions. The same is true of other countries and jurisdictions.
A patent may be obtained by any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
The term “new” provides that an invention cannot be patented if: (i) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention, or (ii) the claimed invention was described in an issued U.S. patent or in an application for patent published or deemed published, in which the patent or application names another inventor and was effectively filed before the effective filing date of the claimed.
An exemption to this limitation is a “disclosure made one year or less before the effective filing date of the claimed invention” if “the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed…from the inventor or a joint inventor.” So, an inventor in the United States has one from the first public disclosure of an invention to file a patent application for that invention.
Moreover, the subject matter sought to be patented must be sufficiently different from what has been used or described before such that the subject matter of the invention is determined to be non-obvious to a person having ordinary skill the technology related to the subject matter.
The term “useful” refers to the fact that the subject matter of the invention must have a useful purpose and must be sufficiently operative as to fulfill that useful purpose.
The term “process” refers to a process, act, or method including industrial and technical processes. The term “manufacture” refers to articles that are made including all manufactured articles. The term “composition of matter” refers to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. Lastly, the term “machine” is interpreted according to its ordinary meaning.
Patentable subject matter does not include laws of nature, physical phenomenon, and abstract ideas.
There are three types of patents and patent applications, namely utility patents, design patents, and plant patents. Utility patents may be granted for any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design patents may be granted for any new, original, and ornamental design for an article of manufacture. Plant patents may be granted for any distinct and new variety of plant.
John C. Laurence Law, PLLC can help evaluate your invention, prepare a patent application, and then file and prosecute the patent application, as described generally below. We can also help enforce a patent against possible infringement. Contact me today at 917-612-1059 to schedule a free consultation.
Patent Application Process
Perform a novelty search (optional)
Identify novel elements and relevant embodiments
Generate claims and drawings of the patent application
Monitor and prosecute the patent application
Electronically file a utility patent application with USPTO
Execute patent application filing papers
Generate specification of the patent application
Identify relevant ornamental elements of the design
Generate formal drawings of the patent application
Monitor and prosecute the patent application
Electronically file the design patent application
Executes patent application filing papers
John C. Laurence Law, PLLC
New York, NY
917 612 1059
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