United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.
Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of
...According to the Department of Commerce, losses to U.S. businesses from the counterfeiting of trademarked consumer products are estimated at $200 billion a year. A model trademark law proposed by the International Trademark Association and currently winding its way through ...
The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.
Requirements for Patentability
To be eligible for a patent, an invention should satisfy the requirements of Patentable
...or offering to sell it. If you wish to sell your product overseas, you would need a patent in one or more of the European countries or in Japan, for example. The European Patent Office has stricter rules than the ...
a) Usefulness (Sec. 101)
b) Novelty (Sec. 102)
c) Non-obviousness (Sec. 103)
d) Specification (Sec. 112).
Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.
Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive
...obstacle of reaching consumers is but one small step. Now, once that first contact has been made, how you get a consumer to purchase and/or come back to you is a larger hurdle. Brand recognition will be a major asset ...
Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.
As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the
...search on the government patent website can show if the patent has already been released for the product you plan to apply for. By doing this search, you reduce the risk of wasting your time putting in an application for ...
Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to
...law at a networking eventso I gave her a call and asked to meet with her. I learned that I definitely had a good case, as I'd been using the trademark since 2001. Even though I had not formally registered ...
The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls
...amend or narrow the application, he may face several legal hurdles. For example, the Examiner may refuse saying that the originally filed application does not contain the language that applicant wants to use for amending the application. To avoid such ...
The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.
Not eligible for Patentability
The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.
An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making
...from which priority is claimed. 17. What is the grace period? However, if a designer himself, at least 12 months before filing an application (or claiming priority) markets, promotes or exhibits his designs to gauge levels of interests this would ...
An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.
An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.
An invention is not patentable if it has been patented in a foreign country twelve months before the filing date
...others that it is your work. The cost to file form TX is $30. Protection:While a copyright was not intended to protect ideas, it does help protect the literary aspect of you invention, such as the description and the drawings. ...
Priority date
As per the Section 102 For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention. [http://www.trustman.org] Trustman & Co A Law Firm at Delhi India for patent, trademark, pct application, real estate, debt collection, legal outsourcing, corporate law firm, legal outsourcing LPO [http://www.trustman.org] Trustman & Co A Law Firm at Delhi India for patent, trademark,
...the attorney, both in terms of years and the nature of experience. The attorney preparing and prosecuting a patent application must be admitted to practice before the U.S. Patent and Trademark Office. It is important to ask about the legal ...
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