A patent may be instrumental in staying ahead of the competition in that a patent excludes others from making, using, and offering for sale an invention. Therefore, the financial advantage associated with the ownership of a patent can by vast. The Patent and Trademark Office is the governmental agency responsible for granting such power in the United States and can also assist in obtaining patent protection around the world. If your idea meets the legal requirements for an invention, you can obtain a patent and restrict the use of your invention. In essence, you can dictate who can legally use your invention.

The process for obtaining a patent is complex. There is more than one type of patent and the procedure for each is unique. The process begins with the submission of a written application to the United State Patent and Trademark Office by an applicant, who may be the inventor or the patent owner. The application must provide sufficient detail for a person skilled in the art – i.e., someone who works in the relevant area of technology – to make and use the invention. Drawings illustrating the invention may also be provided. The application may also include one or more claims. Each claim sets out what the applicant is seeking to protect in that it defines what the patent excludes others from making, using, or selling. In other words, a claim defines what a patent covers.

Depending on the type of patent obtained, the applicant may have twenty years from the date the application is filed to enforce the patent. This can give the patent owner a strong business advantage over the competition. The patent owner can practice, sell, or license the patent. If someone or a company practices the patented technology without the patent owners authorization, the patent owner can sue the unauthorized user in United States Federal Court and force the unauthorized user to stop practicing the invention and possibly obtain damages such as lost profits or a reasonable royalty. If the unauthorized user willfully practiced the patented technology, damages may be tripled and the patent owner’s attorney fees recouped from the infringer.

For more information on the rights associated with a patent or complete details regarding other helpful business and personal legal services, please do not hesitate to email us at info@adanaslaw.com, call us toll-free at 877-420-4600, or chat with us live on our online system at www.adanaslaw.com. Be sure to request your FREE Informative Newsletter and Business Start Up Check List!