Each inventor has the full spectrum of patent rights to his/her claimed invention. This means that each inventor can separately assign and license the patent without the other’s permission. However, each inventor must account for and share all the profits he has earned from the license of a patent with the other inventors. When multiple…
A Patentability Opinion provides you a Patent Attorney’s professional determination of the likelihood your idea, invention, or invention will be granted patent. The Patent Attorney first performs a Patent Search and then applies legal standards and case law for Patentability to determine if your innovation may be patentable in view of the patent search results….
Most of us like to feel that we were the first to have conceived of our great idea. Before investing the time and resources into applying for a formal, non-provisional patent, it is good to know if there are any other patents or publications disclosing something similar to your idea. Ultimately, this information will help…
Intellectual Property: What is Patent Search? A Patent Search is a search of the United States Patents and Publications (USPP) database to see if there are any Patents or Patents Pending disclosing something similar to your invention. There are two types of searches; keyword searches and a class/art unit search done within the USPP Database….
Code section 35 U.S.C. 112, known as the Enablement Requirement, reads: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with…
Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the…
In order for an invention to be granted a patent, an inventor must disclose and claim his invention in a patent application filed to the United States Patent and Trademark Office (USPTO). Properly describing and claiming an invention in a patent application is a highly technical legal practice with a vast amount of formalities and…
As you may know, our patent laws changed last year – the law now gives patent priority to the first person to file a patent application on an idea. Before, the law allowed inventors to prove the earliest date that they conceived an idea (in this way, even if the inventor wasn’t the first to…
Our new patent laws grant the first inventor to file for a patent priority to any patent rights available to that invention. Before, our laws allowed an inventor to prove his date of conception to gain priority to the patent rights, even if the inventor was not the first to file for a patent on…
U.S. Patent Laws: Understanding the America Invents Act (AIA) With the passage of the “America Invents Act” (AIA), the United States government has decided to conform its patent laws to the international “First-to-File” standard. Essentially, this standard awards the inventor who first files his idea or invention to the United States Patent and Trademark Office…
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