Back to Basics: Patents Part 2

This is the second in a series of posts on the basics of patents.  The first post discussed the scope of a patent and how to obtain one.  This post will focus on the benefits of a patent and how you can enforce one. 

Now that you have a patent, what can it do for you?  A patent is only as good as your ability to enforce it.   A patent owner has the right to keep others from making, using, selling or offering for sale his/her patented invention.  A patented invention is defined by its claims.  The claims are the last part of the patent document and are numbered.  The claims define the “metes and bounds” of the invention. 

In a dispute, or when a patent is asserted against an alleged infringing party, the claims are interpreted to determine the scope of the invention.  Once the scope of the invention is determined, then that scope is applied to the alleged infringing activity to see if it falls within the scope of the patented claims. 

Patent infringement is a federal offense and may be brought in federal court.  Patent infringement provides for the recovery of both actual and punitive damages.  These may include up to three times the damages if the infringement is found to be willful or intentional.    A patent owner may also seek an injunction to stop existing and future infringing activity.  In some cases costs and attorneys fees are also recoverable.   

Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Back to the Basics: What is a patent and what can it protect?

This is the first in a series of basic info posts on the basics of intellectual property law.  In particular, I’d like to focus on what is a patent and what kind of protection does it provide if you are able to obtain a granted patent.

To start, there are 3 types of patents: utility, design and plant.  Design patents cover new and ornamental aspects of items of manufacture.  An iPhone® smart phone or a Corvette® sports car are great examples of design patents.  These have a life of 14 years from the date the patent is granted. 

Plant patents are a particular type of patent that are directed to anyone who has invented or discovered and asexually reproduced a distinct and new variety of plant.  Plant patent protection extends 20 years from the date of filing. 

Utility patents are known to most people and cover articles of manufacture, methods of manufacture, compositions of matter, and business methods, typically used in the software and banking sectors.  This last category of patents is presently in dispute but is not the subject of this article.

A utility patent must be useful, novel and nonobvious.  A utility patent has a life of 20 years from the date of filing.  However, once a patent is granted, maintenance fees must be paid to the US Patent and Trademark Office before 3.5, 7.5 and 11.5 years after issue, or the patent will expire. 

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

DISCLOSING YOUR INVENTION MAY BE THE NEXT BEST THING TO PATENTING IT

With the passage of the American Invents Act, the U.S. Patent System has moved from a first to invent system to a first inventor to file system.  While the new law awards the patent to the first inventor, it also prevents others from obtaining an invention if you disclose your invention before someone else files an application on the same invention.

This disclosure can work to anyone’s benefit and may be used as an inexpensive offensive tool in cases where a patent is not needed, desired, or unaffordable.  Disclosure of an invention prevents others from obtaining patent protection on the same invention. 

If the invention is worth protecting with a patent, make sure your application is on file so that your own disclosure is not used as prior art against you.

This offensive move to disclose some developments can work in connection with a robust patent strategy.  In this way, you can work to carve out an area of technology and keep others from encroaching where disclosure helps to prevent third party patents from issuing.

Protecting your innovative developments is critical to any organization.  Having the right person to help you make those strategic decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.