John C. Laurence Law, PLLC 917-612-1059 john@jclaurencelaw.com

Patents

 

A patent for an invention confers the patent owner with the right to exclude others from making, offering for sale, or selling the invention in the United States as well as importing an invention into the United States.

A granted patent does not confer the patent owner a right to make, use, offer for sale, sell or import. Rather, it confers the patent owner the right to exclude others from making, using, offering for sale, selling or importing that invention. Patents are territorial. A patent granted in the United States is effective and enforceable only within the United States, U.S. territories, and U.S. possessions.

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 the above may apply to 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.”

Moreover, the subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to be non-obvious to a person having ordinary skill the technology related to the invention.

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. And, 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, draft a patent application, and then file and prosecute the patent application, as described generally below. Contact me today at 917-612-1059 to schedule a free consultation.

Patent Filing Samples

Patent FAQ’s

Patent Application Process

Utility Patent

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

Design Patent

Fill out an invention disclosure form

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
john@jclaurencelaw.com

The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Contact me for a consultation

Copyright ©2019 John C. Laurence Law, PLLC

John C. Laurence
Rated by Super Lawyers


loading ...
John LaurenceReviewsout of 2 reviews
Call Now ButtonCall Now