Understanding the Contents of a Patent
Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention.
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Newly Proposed Legislature Could Dramatically Change the Patent System
A new proposal from Congressman Thomas Massie of the 4th district of Kentucky seeks to revert our patent system from a ‘First to File’ system to a ‘First to Invent’ system. This would allow patent applicants to submit a sworn affidavit back-dating their patent priority date to the day they claim they actually invented. A patent priority date is important, as only the inventors with the earliest priority date are entitled to patent protection.
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Defensive Patent Filings
Why Defensive Patent Filing Can Save You Stress With The Law As of March 2013, both in the United States and the EU, the first inventors to make their public disclosure to the patent office will win priority to the patent rights associated therewith. This “first-to-file” patent system is designed to encourage companies in opening…
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Patent Protections when Outsourcing Software Development to India
When it comes to navigating the highly competitive realm of advanced technology, it is essential to understand how to protect your intellectual property in the US and internationally. With the increased outsourcing of software development to Eastern Europe and Asia, consider securing your intellectual property rights with patents in software-friendly jurisdictions. This article explores India as an excellent consideration.
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Do I Need Multiple Patents on the Same Invention?
Understanding When Multiple Patents Are Needed on the Same Invention When submitting an utility patent for a certain use of, for example, optical sensors, can this certain use of the sensor be protected for ALL types of sensors in the same patent? Or would separate applications have to be filed for different types of sensors?…
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What Is the Quickest Way to Get Patent Pending Status?
A USPTO provisional patent application simply secures your ‘spot in line’ or patent priority date for a patent for one-year under “patent pending” status. After you file a provisional application, you will have one-year to follow with a non-provisional (full) patent application to maintain your patent priority date. It’s important to secure your patent priority…
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Why Should I Get a Provisional Patent?
A provisional application for patent is the most cost effective way to begin protecting your invention. It establishes your priority to the patent rights for your invention while you put the finishing touches on it, work up your non-provisional patent application, seek funding and do market research. With a provisional application on file, you can…
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What’s the Difference between a Provisional Patent and a Non-Provisional Patent Application?
A patent grants an inventor rights to exclude others from making, using, or selling the idea claimed in the patent for a period of 20 years. A non-provisional patent application begins the examination process to determine if an idea is eligible for patent grant. This examination process (known as “Patent Prosecution”) can be long, highly…
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What if I Disclosed My Idea before Filing for a Provisional Patent or Formal Patent?
The USPTO allows you one year from the date of your first public disclosure to file for patent or provisional patent on your idea. This one-year period is known as the ‘grace period’. If you do not file for a patent or provisional patent within one-year of your first public disclosure, you will have been…
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How Do You Prevent Provisional Patent from Expiring?
One way to prevent the provisional from expiring is to continuously have a provisional one file (just updated to the latest version of your back-end). If you let the provisional expire (and your back-end isn’t receiving a lot of press), you are back to square one. For the provisional to save you the risk of…
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