Frequently Asked Questions

What is a Patent

A patent is a set of rights that is granted by a Country to its citizens. In the global marketplace patents are seen as an asset and given its usability they may have a value in the marketplace. Patents have a lifespan, and the process of obtaining in the United States starts with the application process.

Rights Provided

A patent allows the applicant the right to exclude others from making the same product, using the product, offering the sale of the product within the United States or importing it into the United States. This allows for the patent holder to have an exclusivity that provides a competitive advantage to the business owner.

Within Patent Law any person that “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

Patent law specifically states that the subject matter of the invention must be “useful.” The term “useful” in this section refers to the condition that the invention has a useful purpose and also includes operativeness.

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.

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Within the first meeting our attorneys will review exactly what type of a patent you can obtain and advise which of these would be the best for your organization.

A patent is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. A patent is confers a right of title. It ensures that others cannot make, use, or sell the invention. A copyright is a form of legal protection provided to authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. This ensures that if you develop software or a song, others cannot copy it and use it without your permission. A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Examples are the Golden Arches of McDonald’s or the Nike swoosh.

For all utility patents filed before June 8, 1995, the patent term is 20 years from date of filing, or 17 years from date of issuance, whichever period is longer. For utility patents filed on or after June 8, 1995, the patent term is 20 years from the date of filing. For design patents, the period is 14 years from date of issuance. For plant patents, the period is 17 years from date of issuance. In special cases, a patent may last from the date an earlier related application was filed. Under certain and very specific circumstances, patent term extensions or adjustments may be available. Please contact us if you are interested in extending your patent.

A US Patent is only valid within the United Stated of America and its territories. If you are interested in obtaining a patent internationally Ditthavong & Steiner, P.C. has a vast experience in filling international patents.

Sometimes the infringement can be enforced with a simple letter to request a cease and desist from using the patent. If a simple letter does not work a patent owner can enforce their respective rights by bringing a motion for patent infringement action (lawsuit) in federal court against anyone using the invention without permission. If the lawsuit is successful, the court will follow one of two approaches; namely placing an injunction preventing the further infringement of the product and awarding damages for the unpermitted use. In other cases the court can force the parties to enter an agreement where royalties are paid to the patent holder.

The United States Patent and Trademark Office grants all patents in the name of the United States of America. Only documents arising from the stated office provides patent protection within the United States of America.

The key different difference between patent attorneys and patent agents is in their ability to practice law. Patent agents are not attorneys and thus cannot provide legal advice, including advice on patent infringement and/or patent licensing. Only patent lawyers can legally draft contracts, non-disclosure agreements or represent you in any legal proceedings involving state or Federal court. At Ditthavong, Steiner, & Mlotkowski our patent attorneys have an extensive level of experience thus helping our clients navigate the patent process in the most financially viable way.