Frequently Asked Questions
Every case is different. One must understand that the patent and trademark processes do not ensure immediate rights in any case. To get a better idea of how much your case might cost over time contact our office to speak to an attorney today!
If an idea meets the requirements for novelty, utility, and non-obviousness, then it is considered to be patentable.
If an idea is new, then it is considered novel. But that isn’t all that is necessary to meet this requirement. If an idea has been released to the public in any way, then an application must be filed within one year of the release date in order to obtain patent rights.
If an idea is useful or “is capable of providing some identifiable benefit”, then this requirement is met.
Finally, if an idea or improvement is obvious to “a person of skill in the art”, then it does not meet the third requirement of non-obviousness.
If you should have any questions about these definitions or want to determine whether your idea meets all of the requirements for patentability, please contact our office to speak to an attorney today!
The trademark, copyright, and patent processes are separate and different. In the case of trademarks, in the U.S. one can file a single application for multiple goods and/or services, but there are fees associated with each class of goods and/or services applied for. Some states and foreign countries often require that each classes of goods and/or services be the subject of a separate application.
In the patent process, there are several reasons one might choose to file more than one application relating to the same technology.
First, if one chooses to file a provisional patent to begin the process, a non-provisional patent application will need to be filed within one year of the filing date of the provisional.
Second, United States' patents only allow the applicant to exclude others from making, using, offering-for-sale, and selling the invention in the United States. To obtain patent protection outside of the U.S., the applicant must file a separate patent application in the countries in which patent protection is desired.
Third, sometimes an inventor will want to file both a utility and a design patent application for the same technology not only protecting the technology itself, but the appearance of such technology.
Also, since filing an application in the United States only affords IP rights within the United States, similarly an international application must be filed in each country for which rights are sought.
Since filing an application in the United States only affords IP rights within the United States, similarly an international application must be filed in each country for which rights are sought. CR MILES® partners with a network of associates to obtain IP rights for our clients worldwide.
Patent rights can be assigned. There are a few reasons an inventor might want to assign their patent rights to another entity and our attorneys explain the process and benefits to enable you to make the best decision for your unique circumstance.
In 2011, the United States changed from a ‘first to invent’ to a ‘first to file’ system by way of the Leahy-Smith America Invents Act, putting its patent structure in line with the rest of the world. No matter if proof of inventorship exists, under a first-to-file system, the application with the earliest date obtains the patent right. This means there is extreme pressure to be the first to file a patent application, period.