by Kathleen Lynch | May 27, 2026 | Design Patent, Entrepreneur, Entrepreneurship, Infringement, Innovation, Intellectual Property, Invention, Inventor, IP, IP asset management, Litigation, Patent, Patent Prosecution, Patentability, Plant Patent, Small Business, Start Up, Start Up Considerations, Uncategorized, Utility
This is the second in our series of posts breaking down the fundamentals of patents. In [Part 1], we discussed the scope of a patent and the process of obtaining one. Today, we’re focusing on the payoff: the benefits of a patent and how you can enforce your rights.
Now that you have a patent, what can it actually do for you?
Ultimately, a patent is only as valuable as your ability to enforce it. As a patent owner, you hold the exclusive right to prevent others from making, using, selling, or offering to sell your invention. But how do we determine if someone is actually stepping on your toes? It all comes down to the claims.
Defining the “Metes and Bounds”
A patented invention is strictly defined by its claims. Located at the very end of the patent document, these numbered paragraphs map out the legal “metes and bounds” of your intellectual property. Think of them as the invisible fence around your innovation.
When a dispute arises or a patent is asserted against an alleged infringer, the process follows two main steps:
- Interpretation: The court interprets the claims to determine the exact scope of the invention.
- Application: That scope is compared directly to the competitor’s product or activity to see if it falls within your protected territory.
The Power of Enforcement
Patent infringement is a serious matter handled exclusively via federal civil actions. If a competitor crosses the line, the law provides robust remedies to make things right.
As a patent owner, you can pursue:
- Monetary Damages: Recovery of actual damages (like lost profits or reasonable royalties).
- Treble Damages: If the infringement is proven to be willful or intentional, the court can award up to three timesthe actual damages.
- Injunctions: Court orders to immediately halt existing and future infringing activity.
- Fees: In exceptional cases, the recovery of court costs and attorneys’ fees.
Protect Your Innovation
Capitalizing on your innovative developments is critical to your organization’s growth, but you shouldn’t navigate the complex world of intellectual property alone. Having the right legal partner to guide your decisions is vital.
The Law Office of Kathleen Lynch PLLC is designed to help businesses like yours stay ahead of the game and safeguard what they build.
Ready to protect your competitive edge? Your first consultation is completely free.
by Kathleen Lynch | May 5, 2026 | Design Patent, Entrepreneur, Entrepreneurship, Innovation, Intellectual Property, Inventor, IP, Patent, Plant Patent, Protection, Small Business, Start Up, Start Up Considerations, US Patent Office, Utility
Recently a new client came to me regarding whether his invention was patentable. I thought about this post and thought I’d repost it.
This is the first in a series of informational posts designed to demystify the core pillars of intellectual property law. Today, we focus on the patent: what it actually is and the specific protections it offers once granted by the government.
In the United States, there are three primary types of patents: Utility, Design, and Plant. Each serves a different purpose and offers a different window of protection.
1. Design Patents
Design patents protect the new, original, and ornamental aspects of a functional item. They don’t cover how a product works, but rather how it looks.
- Examples: The iconic shape of an iPhone® or the sleek curves of a Corvette® sports car.
- Term: Under current law, design patents have a life of 15 years from the date the patent is granted (for applications filed on or after May 13, 2015).
2. Plant Patents
A plant patent is a specialized grant for anyone who has invented or discovered—and asexually reproduced—a distinct and new variety of plant.
- Requirement: The variety must be “asexually reproduced,” meaning it is grown from something other than a seed (like a cutting or grafting).
- Term: Protection extends 20 years from the date of filing.
3. Utility Patents
Utility patents are the most common type and protect the “utility” or function of an invention. These cover:
- Articles of manufacture (physical products)
- Methods of manufacture (industrial processes)
- Compositions of matter (chemical formulas or pharmaceuticals)
- Business methods (often seen in the software and fintech sectors)
A Note on Software & Business Methods: This last category—business methods—remains a highly active area of legal debate in 2026. While they are still patentable, recent court decisions like Constellation Designs v. LG have reinforced that these patents must describe a specific technological solution rather than just a general “abstract idea.”
Requirements and Maintenance
To qualify for a utility patent, an invention must meet three strict criteria: it must be useful, novel (new), and non-obvious to someone skilled in that specific field.
A utility patent generally lasts for 20 years from the date of filing. However, the protection isn’t “set it and forget it.” To keep a utility patent active, you must pay maintenance fees to the US Patent and Trademark Office (USPTO) at three critical intervals:+1
- 3.5 years after issuance
- 7.5 years after issuance
- 11.5 years after issuance
Failure to pay these fees (which have seen significant updates as of 2025/2026) will result in the patent expiring early and your invention falling into the public domain.
Stay Ahead of the Game
Protecting your innovative developments is a critical component of any successful organization. Deciding when to file—and which type of patent best fits your business goals—is a decision that shouldn’t be made alone.
The Law Office of Kathleen Lynch PLLC is here to help you navigate these complexities and ensure your IP strategy keeps you ahead of the competition.
Ready to protect your ideas? Your first consultation is free. Email us: kl****@*****aw.com
