Patent Lawyer Archives

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Chemical and pharmaceutical companies protect their huge investment in research and development and the future of the companies by securing patents on their inventions. Success or failure of the company often depends on the strength of the patent in its ability to resist competition.

Recently, the United States Patent and Trademark Office proposed changes to the way prior art documents would be submitted, with a view to reduce Patent Office workload and shorten the time it takes to obtain a patent. These changes, however, could drastically affect the ability to secure strong patents unless competent counsel is employed.

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Patenting System – a Historic Perspective

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News items flooding from our daily information sources on patents, company law suits, intellectual property rights, and the like would make one believe that the system of patenting is quite young. On the contrary, history of patenting dates back to more than five hundred years.

The present day patent concept was first implemented in England in 1449. King Henry VI of England granted a 20 year monopoly to one, John Utynam, on his stained glass manufacturing process. Though, stained glass manufacturing process was prevalent then, in various parts of England, it was the first state-granted limited monopoly for an industrial practice. By 1552, open letters called Letters Patent were issued under the Great Seal of the King, to officers and friends patronized by the Court. These Letters Patent were issued not only on inventions but on industries, too. For example, the stationers enjoyed a privileged monopoly over publishing industry in England. In 1624, the English Parliament under the directions of Sir Francis Bacon, a great thinker of those times, adopted the doctrine of public interest into patenting. It passed the Statute of Monopolies, recognizing the economic benefits through innovation and awarded patents to protect the rights of the inventors for a term of 14 years.

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The only time outsourcing of patent search is not the right way to go is if the volume of search you perform exceeds hundreds of searches a month in which case there might be justification to becoming experts in this field to reduce the cost of this activity.

Is that your core business?

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The question being asked by people in these difficult economic times for small business owners is how can a person make money in this tough economy? New businesses are much riskier to try, and new business loans have all but evaporated. But there is no more lucrative an area, even in the current conditions, than for an inventor or designer who can create a new invention or process and who can afford to have it patented.

 

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When dealing with issues of on site injury, finding an offshore oil rig injury lawyer should be simple. Of course, there can’t be all that many in the greater Dallas area, right? Surprisingly, there are more offshore oil rig injury law firms in the United States than patent lawyers. So how does someone who is suffering from an injury, with a little insult tossed in from the big wigs at the company’s headquarters for flavor, find the right attorney for their case?

In all honesty, there is no checklist formula that can answer that question for each individual injured party. There’s no magic formula that guarantees that if “you can answer ‘yes’ to all these questions” then you can be assured of a victorious win. Nothing in life actually works that way. Instead, due diligence, and a little seeking, can get the “right” lawyer for your case.

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If you are employed as a scientist or as a company do research anywhere in California, including cities where biotechnology and other medical science is being studied or where research takes place, especially the areas around cities such as Irvine, Orange County, San Diego, Los Angeles, La Jolla, Riverside, Fullerton, San Francisco, Santa Barbara and other cities where there are universities or large research projects taking place in the U.S. and throughout the world, you know that patent laws and patent licensing is acting as a barrier to medical and biotechnology research and preventing advances in science.

 

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Going through the procedure of patenting your invention can be both confusing and arduous – especially if it is your first time embarking on the invention and patent services process. However, you can avoid any unexpected conflicts by closely following the right steps – and by hiring yourself a patent law attorney. By using the help of a patent lawyer and adhering to the correct patent services series of actions, one can successfully market his invention.

Before choosing to hire a patent agent to patent your invention, you must first conduct some research. Take a close look your invention’s current market. For instance, if you have chosen to create a new type of cellular phone, one should examine the current marketing and purchasing trends of cellular phones.

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Do It Yourself Patents

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For those who cannot afford to dish out thousands of dollars for a patent lawyer, do it yourself patents can be a great alternative. Do it yourself patents can be done if you are up to the challenge. It is not impossible although the biggest drawback on do it yourself patents is that you are not afforded the luxury of having professional advice.

There are some of the advantages of do it yourself patents that you cannot overlook though. Do it yourself patents could certainly save you money. Also, doing it yourself enables you to learn several skills most especially in research. When yo register a patent yourself the first and most basic step is to make sure that your invention qualifies for a patent or what you call patentable. Also, to qualify with your patents application you need to describe all aspects of your invention. Some steps on do it yourself patents are easy, others are more difficult.

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How To Copyright And Patent Your Software

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If you’re wondering how to copyright software, the good news is you’ve probably already done it. At least you have if you have ever written software. Most people get confused over exactly what having a copyright for their software means. Only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you’ve put it into a finished form. Once you’ve written the source code, the copyright belongs to you.

Copyrighting software doesn’t offer the protection that many people hope it will. The idea of software and anything about the finished product that wasn’t available in a tangible (visible) form isn’t protected by copyright. In fact, the only thing undeniably protected by software copyright is the source code. The question you should ask yourself is not how to copyright software, but how to patent your software.

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A Prologue to Mechanical Patents

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Mechanical engineering perhaps has the oldest known inventions and patents. In fact, the word ‘engineering’ is derived from a mechanical component. Mechanical engineering is a field that was conceived from natural laws of physics, where one engineers or manipulates these laws to his/her advantage. Mechanical patents non exhaustively and generally encompass utility tools invented constituting force, motion, mass, etc. It specifically encompasses all mechanical devices, contraption and interactions resulting in utilitarian instruments and apparatus, and where such interactions produce a action-reaction component that depends on the mechanism and nature of interaction. Further, all manufacturing processes, for example, metal working and treatment, printing, textile manufacturing, etc, are regarded under mechanical patents. Automobiles fall under mechanical patenting category, although one cannot be sure where a ‘time travel machine’, if invented, will be categorized. Of course, most mechanical engineering fields involve extensive use of computational and mathematical tools, physical laws and equations, but these fall under a different patenting category altogether.

Mechanical inventions have no constraints as they range from a simple yet effective patented invention of a four year old from Texas for “An aid for grasping round knobs” to researched and focused inventions in all areas of mechanical expertise. Few of the well known companies that have a good mechanical patent portfolio include Canon Kabushiki Kaisha with 6798 US patents, General Electric company with 6649 US patents, Xerox Corporation with 2736 US patents and Ford Motor Company, which currently has about 2671 US patents. Some inspiring patented mechanical inventions include legacy devices such as typewriters, Xerox machines to modern inventions such as biomorphic robots, everting heart valves, etc.

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Filing and Settling Patent Infringement Cases

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Patent infringement lawsuits deal directly with patent violations, the violation of an inventor’s right to exclusively market and profit from the novel and original idea. Filing one is costly, and in the United States, the governing body of patents and patent application determines what is unique and original enough to be considered novel.

The U.S. Patent Office does not deal with infringement. For this, a lawyer is necessary in order to file a infringement lawsuit. The filing of a patent infringement lawsuit means that you have successfully obtained rights from the U.S. Patent Office, and whether intentionally or accidentally, someone else has mimicked your patented invention and has begun to profit from it.

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Obtaining a Plant Patent

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Patenting a plant is a fairly rare occurrence. The U.S. Patent Office issues between 3 and 5% of new patents annually for plants. Defining a new species of plant and applying for a plant patent can bring the herbal creator quite a bit of money, especially if the plant has any health properties worth marketing.

Patent infringement as it relates to plant patents is not uncommon, as those who are aware of the value of a plant patent are also aware of the value of seeking out alternative methods of discovering new plants.

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