• Buskop Law Group | Patents

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WHAT IS A PATENT?

  • A Patent is an Asset
  • A Patent is a Marketing Tool
  • A Patent can be used to obtain Licensing Income
  • A Patent can be used to protect Market Share

A PATENT GIVES A BENEFIT TO AN INVENTOR AND A BENEFIT TO THE PUBLIC:

20 Year Monopoly From Filing Date For The Inventor
Once issued and subject to the payment of government fees, a patent gives an inventor the right to exclude others from making, using or selling the patented invention for 20 years from the filing date.

Written Instructions For The Public
The patent gives the public a set of illustrated instructions that explain how the invention works.  Anyone is free to use these teachings for inspiration and reference in making new contributions so long as the results do not infringe the patent while it is in force.

A REGISTERED PATENT EXCLUDES OTHERS FROM:

  1. Making the “claimed” invention,
  2. Using the “claimed” invention, and/or
  3. Selling the “claimed” invention

The patent monopoly is for the invention only as described in the “claim” section of the patent and interpreted under the legal theories knows as the Doctrine of Estoppels and the Doctrine of Equivalents.

The claims are important. Don’t let anyone mislead you into thinking otherwise!

A patent does not grant an absolute right to make or sell the invention. Other impediments, such as someone else’s patent that covers a key component of the invention may stand in the way.

Patents can be granted for improvements which, if practiced, would infringe someone else’s patents.

WHAT IS PATENTABLE?

To be patentable an invention must fall within at least one of the following categories:

  • an article of manufacture (like a screwdriver)
  • a machine (like a crane)
  • a process (like a method to determine if oil is in a reservoir)
  • a composition of matter (like an arthritis cream to place on your skin)
  • an improvement to any of the above
  • an ornamental design for an article of manufacture (like a grating for an air-conditioning register)
  • an asexually reproduced plant

Also, there are many types of genetic inventions which are patentable. (The Buskop Law Group does not handle genetic inventions at this time.)

PATENTABLE ITEMS MUST BE:

  • new or novel (35 U.S.C. § 101)
  • useful (35 U.S.C. § 101) and
  • non-obvious (35 U.S.C. § 103)

Abstract ideas and scientific principles cannot be patented. They must be embodied in a device or process that falls into the one of the above classes. Software can be patented if it can be described as an embodiment of such a device or process.

Business methods can be patented if they cause the business to run faster, better, cheaper, safer, more environmentally friendly, or one of 10 other reasons the United States government provides.

Filing a patent can be intimidating, but it does not have to be. The Buskop Law Group strives to give the most approachable, effective, enjoyable, and friendly experience during your patent process.