A patent for an invention is the grant of a property right to the inventor, issued by the patent attorney and trademark lawyer Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the country where the patent is granted or “importing” the invention into that country.
Generally, the term of a new patent granted in the US is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Our managing patent attorney Ash Tankha has filed patent applications in different domains such as software, business methods, mechanical, electronic communication and semiconductors, chemical, pharmaceutical and biotechnology with the US Patent and trademark lawyer Office and other foreign patent lawyer offices. Please feel free to contact usfor references.
Prior to filing a patent application, our patent attorney conducts an extensive prior art search using subscription based databases to determine if the concept of the invention is novel. The patent application is consequently filed with the patent lawyer office after the client has approved of the same.
Given below is a step-wise, brief description of the patent process:
Prior art Search:
The first step in the patent application process is to have a professional prior art search conducted for your inventive concept prior to filing the patent application. IP Legal Services' prior art search experts conduct a thorough worldwide and national search on the Thomson Innovation database to check for patentability, novelty and non-obviousness. The prior art search prevents unnecessary filing costs to the applicant if a similar concept already has a patent application filed. If the search shows that your inventive idea is new and unique, we will provide you with our patentability opinion. Our patent attorneys will send you with the search results and our patentability opinion within 5 working days. A professional prior art search also allows us to write a more comprehensive application with broader claims for the invention.
If the search result indicates that the inventive concept is novel and may contain patentable subject matter, a draft of the patent application is prepared for filing with the U.S.PTO.
Once the draft of the patent application is prepared, the draft of the application is sent to the client for the client's review and comments. Once the application is approved by the client for filing, IP Legal Services files the patent application with the U.S.PTO or the appropriate foreign patent office.
Our patent attorney files responses to office actions issued by the U.S.PTO for patent applications under examination. Often, inventors receive an office action, for example an objection or rejection of a claim from the US Patent and trademark lawyer Office, for which the patent attorneys prepares the responses and optionally interviews the U.S.PTO patent examiners to advance the prosecution of the application.
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