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How long is a patent valid? Utility patents and plant patents have a term for up to 20 years from the date when the patent application was first filed. The term may be a stretch to 21 years if you first file a provisional patent application, followed within one year by the regular nonprovisional patent Read More

The inventor should carefully consider every word of the claims. First, an entire working invention must be recited in the main claim. Second, there must be some wording in which the claim distinguishes it from the prior art. Third, the inventor should consider removing or broadening any wording which is not necessary to overcoming the Read More

You’ve likely heard of utility patents and design patents. The utility patent protects an invention, a machine, a process, a chemical composition, or the like. A design patent protects the ornamental appearance of a thing. That is what it looks like. You may also have heard of a utility model, or, as they call it Read More

When someone is not actively working in the field of his or her invention, it’s difficult to know if the invention was previously made by another. But for some reason, no mention of it can be found. A patent search can allow your patent to issue faster because your patent attorney can highlight the differences Read More

After a patent application is filed, the class and subclass of your invention are determined and it is assigned to an examiner who works in that class and subclass. Your application is therefore placed on the, quote, bottom of the examiner’s pile of work, meaning that he or she will get to it in turn Read More

So you’ve just heard that your competitor filed a patent application and he’s about to receive a patent. But, you know his alleged invention is not patentable because you read about it some years ago. You also know that the patent examination is between the applicant, that is your competitor, and the Patent Office. So Read More

After the examiner performs a search, he or she will issue an office action, which provides an initial assessment of the patentability of your invention. The action normally sets a period of three months for response, which can be extended with a fee. The attorney can respond to the patent office with arguments and or Read More

We are often asked by inventors if they can file a patent application by themselves, pro se, without the help of a patent attorney. The short answer is, yes, it’s possible, but it’s not recommended. The patent process is a complex set of laws, regulations, policies, and procedures. We therefore recommend that you hire a Read More

Foreign applications which are filed within one year of your U.S. filing date will obtain a right of priority so that your foreign filing date is the same as your U.S. filing date. Maintenance fees will be due 4, 8, and 12 years after the patent issues. If you have more questions, we suggest consulting Read More

Certain countries have formed filing systems, most notably the European patent system, to allow filing in one patent office for several countries. However, since it is often not possible to obtain an opinion on patentability from an examiner in one’s home country, the PCT or Patent Cooperation Treaty, which was entered into in 1970, allows Read More