A patent is the core legal protection for inventors and their inventions. The purpose of this protection is to provide an inventor with the necessary time and space to make, use and sell his or her invention without the threat of competition. In essence, it is the right to exclude others, for a specified time period, from simultaneously building, using or selling that particular invention in the marketplace.

A patent gives the inventor the right to stop others from making, using, selling or importing the patented goods or services without permission of the patent holder; allowing you to retain exclusive commercial rights, which is a big deal for when you look to monetize your invention. Additionally, there is the altruistic reasoning for patents, and that is as a contribution to the world at large, participating in the advance of technology as a whole.

For a client that wants to know what patents or publications (known as prior art) are already out in the public. This helps answer the basic question of novelty: “Is my invention or improvement really new?”

A patentability search is a vital part of any IP strategy. Patent searches can help you refine your invention, complete a successful patent application, and fully protect your intellectual property. And, a professional and comprehensive patent search can help you avoid unnecessary expenses and delays. Learn more about patent searches below.

A Provisional Patent Application serves to establish a foothold, it is a less formal cursory patent, that once accepted by the USPTO gives you one year to test, build and refine the description and claims of your Non-Provisional application.

A Non-Provisional Patent Application requires a much more in-depth and clearly defined summary of your invention, including technical drawings, Full Claims, description and more.

While drafting, filing, and prosecuting (“negotiating”) your application for a patent or trademark is possible to do yourself, we highly discourage doing so – and not merely to keep ourselves in business. 

First, to properly draft a patent or trademark application, specific legal requirements are set forth by Federal law as to how each facet of the application must be presented. Learning how to satisfy these requirements takes years of legal practice and skill – and if each of the requirements are not specifically met – your application will be rejected by the USPTO.

Second, to properly protect your Intellectual Property, your application must be crafted in a way to encompass the broadest possible interpretation of your invention/mark, while not being so broad as to trigger a rejection based on prior works. This is perhaps the single most important (and difficult) part of the application process, and another skill that is only well-developed after years of legal practice. Consider this, sometimes a single word can confuse your invention with another, render your application rejected, or even render a granted patent unenforceable. 

While many other examples exist, these are some of the most important aspects of obtaining legal protection for your Intellectual Property. That’s why it is imperative to get it right the first time by hiring an experienced attorney at 3IP Law.