PATENT PROTECTION

Is your company launching a new product/process or an improved version of an old product/process?  Are you a tinkerer who innovates as a hobby and are not sure what should be done first?  Then a patent may be an option for you.  A utility patent protects inventions, while a design patent protects design features of physical objects.

 

One typical first option is a patentability search, which involves a search of the patent literature (“prior art”) and will help determine if your product/process is different enough from the prior art to be awarded a patent.  Another option is to conduct a freedom-to-operate search (“FTO” search), which involves a search of issued patents to determine if your product/process infringes one or more patents.  A patentability search is advisable as it will provide you with a firm grasp on the prior art before additional time, effort and money are spent on a patent application.  Similarly, a freedom-to-operate search can avoid costly litigation and the expense involved in the introduction of a new product that is later determined to infringe one or more patents.  

 

The next step is to file a patent application with the United States Patent and Trademark Office (“USPTO”).  Your patent application will be examined by a patent examiner who will compare your invention to the prior art.  This phase of the patent process is called “prosecution”, and it involves a careful analysis of the patent examiner’s position and the formulation of relevant arguments that will hopefully result in you being awarded a patent. 

 

There are legal services available online and late-night infomercials that will try to convince you to use their services to apply for a patent.  Many people have spent thousands of dollars on these services and have nothing to show for their investment, or have attempted to apply for a patent on their own--only to discover later that they did not include in their application critical information needed to obtain a patent. The patent process is governed by a complex set of laws, regulations, policies and procedures, and there are many deadlines associated with the patent process which can create traps for the unwary. Consulting a patent attorney before you spend significant time and money will provide you with the information you need to make the right decisions.