The Patent Law: What Does it Cover
Patent Law is a branch of intellectual property law that governs how patents are granted by the Federal government. It is granted to an inventor for a limited time period (20 years) for the disclosure of his/her invention. Generally, patents are granted if the invention is not a natural object or process. It should be new, useful and not obvious.
It is worth to mention that patents do not protect ideas. Business methods, manufactured articles, new compositions or software are eligible for protection. Even some living organisms generated in a laboratory or man-made DNA are under the protection of Patent Law. Yet, the scope of Patent Law does not cover the protection of laws of nature, ideas, atomic weapons, human organisms, naturally occurring phenomena and some other fields.
The three most common types of patents issued by United States Patent & Trademark Office are a utility patent, a design patent and a plant patent. The utility patent covers the functional aspects of products (processes); the design patent covers the decorative design of objects; the plant patent covers new types of living plants.
The first Patent Act, passed by the US Congress, was called “An Act to promote the progress of useful Arts” and dates back to April 1790. Samuel Hopkins was the first inventor who was granted the patent for his new method of producing potassium carbonate (July 31,1790).
Filing a Patent Application
If you invented something new, useful and original, you will probably want to patent it. The patent application process is complex and time-consuming, but do not fall into despair. The experienced and knowledgeable attorneys of the Margarian Law Firm are there to help you throughout the application process. They are specialized in Patent Law and will easily determine the patent type to file an application for.
Note that it takes one to five years for a patent to be granted. If your application is rejected twice, the attorney will file an appeal with the Patent Trial and Appeal Board. The Margarian Law Firms’ attorneys have all the necessary qualifications and knowledge to represent clients in Patent Trial and Appeal Board.
Patent Infringement and Protection
Patent infringement is a frequent occasion. After patenting your innovation, taking measures to protect is the other most important thing to do. Policies to protect your patent include: monitoring the industry; using notices and labeling; pursuing infringes of the patent.
The patient owner has the right to exclude others from making, using, offering for sale, or selling his/her patented invention by suing a civil remedy against the perpetrator of patent infringement. Due to the complexities of the patent law, it is advisable to hire an attorney, if you are determined to sue. The attorneys of the Margarian Law Firm have specific education and experience in patent litigation and not just in intellectual property law generally. You can trust your patent case to the highly professional attorneys of the Margarian Law firm and they will help you to prepare, file, and sue for your patent rights.
So, you can get highly effective intellectual property protection with the assistance of the Margarian Law firm attorneys, as they appreciate your efforts as an innovator and believe that you deserve all available protections under the law.