PATENTS OVERVIEW

Protect your idea or invention from others exploiting or profiting from it. Here’s an overview including the WHO, WHAT, WHY, WHERE, WHEN & HOW of getting one.

An Invention’s Best Protection

At the Law Offices of Konrad Sherinian, LLC, we provide a full range of patent services for your inventions, designs, solutions, and portfolio management. Keep yourself secure from exploitation and people who may take your competitive edge. Our professional lawyers are always ready to help you in all of your patent matters. Our overview includes 5Ws and 1H (WHO, WHAT, WHY, WHERE, WHENHOW)

Protect Your Inventions

A patent is a form of property that provides patent owners with the right to protect their inventions, formulas, recipes, and much more from competitors manufacturing, marketing, selling, or importing products that practice the claims of the patent for a specific period.

Patents are territorial rights A patent issued by a particular country will not provide any protection in other countries. However, an application filed in one country, such as the United States, can often be used to claim priority in another country according to various treaties.

You may want to read more about:

Foreign Patents   |    International Patents

 

Types of Patents

The United States recognizes three different types of subject matter that can be protected by a patent, as mentioned below;

Utility Patents:

Protect useful inventions, such as a new type of tool, a new kind of drug, or a new way to organize or search a database through Utility Patents.

Design Patents:

Protect aesthetic inventions, such as the particular appearance of a picture frame or the aesthetic features of a cell phone case, through Design Patents.

Plant Patents:

Protect a new and distinct variety of plants that can be asexually reproduced, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state through Plant Patents.

At the Law Offices of Konrad Sherinian, LLC, our patent expert lawyers can provide skilled and expert services in utility patents and design patents. However, we do not deal with plant patents.

 

Requirements for Patentability

Do you have an idea or invention and wonder if it’s eligible for a patent? If so, the patent laws state it must be useful, novel, non-obvious, and cover the patentable subject matter. It also must not be known to the public. 

Usefulness

Usefulness is a basic factor used to determine if an invention is patentable or not. There are certain types of inventions that are not considered useful, such as inventions that embody an abstract concept or a law of nature. Whether or not an invention is useful arises frequently in the context of software and drug applications.

Novelty

An invention must be completely unknown to others to be patentable, with limited exceptions for the inventor’s own work. In your patent application, you must explain how your invention is different from previous inventions by other people. Generally, if your invention includes at least one new feature as measured against the prior art, then your invention will be considered “novel.”

Non-Obviousness

In addition to being novel, an invention must be non-obvious from the viewpoint of a person of ordinary skill in the art when judged against the prior art. Whether or not an invention is non-obvious is one of the most difficult questions to answer in patent law. For example,  a patent may be denied if your invention is just the next logical step of an existing product. Our best patent attorney Chicago, at the Law Offices of Konrad Sherinian, LLC, welcomes our customers to help them identify the patentability of their inventions.

Not Disclosed

It is highly recommended not to discuss your inventions with others until you have filed for a patent to protect your invention. Ensure that your inventions are not announced publicly.

These points will help you to find the patentability of your invention. If your invention is patentable, feel free to contact us today at (630) 318 – 2606.

Patent Infringement

Once a patent has been granted, the patent holder can file a lawsuit in a Federal District Court if s/he has evidence that another infringes on the patent’s claims.

The infringement of a patent is determined by comparing the claims of the patent to the accused product.

If a lawsuit involves a utility patent, the text of the patent’s claim is compared element-by-element to the features of the accused product, and every element of the claim must be present in the accused product for infringement to be found. The specific meaning of various elements of the claims is frequently the subject of litigation in patent suits.

In the case of design patents, the drawings of the design patent are compared to the accused product. Every claimed feature of the drawing must be present in the accused product so that an ordinary observer would find the accused product to be substantially identical to the claim of the design patent.

Patent Ineligibility

You can only protect your inventions, ornamental designs of goods, or plants through patents but not names. If you want to protect a name, a trademark is the best solution for protecting your brand name.

Naturally occurring substances and laws of nature cannot be patented, even if they are newly discovered.

Abstract principles, fundamental truths, calculation methods, and mathematical formulas also are not patentable. However, a process that uses such a formula or method can often be patented.

A patent cannot be obtained for a mere idea or suggestion. The inventor must figure out the concrete means of implementing an idea to get a patent.

A patent for an invention with no legal purpose or an unsafe drug will not be granted. Complicated nuances exist for all of these requirements, and a skilled attorney is generally required to determine if an invention meets these requirements.

The patentability of software is frequently litigated, and you may be wondering if you can have a patent for your software. Our professional lawyers can help you in your Software Litigation.

To get more assistance regarding patents or trademarks, feel free to contact us. Our top-rated patent lawyers in Chicago are happy to help you! Cheers!

Patent 101

Watch Our Video

Here’s a short video describing an overview on patents. It covers a lot of the basics, including the three main types of patents:

    • Utility Patents
    • Design Patents
    • Plant Patents

Let’s Talk About Your Invention

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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.

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Patent FAQs

Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.

Costs, Fees & Prices

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Patent Applications

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Patent Enforcement

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Licensing a Patent

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What makes The Law Offices of Konrad Sherinian, LLC the best choice for a Naperville patent lawyer?

Our firm stands out for its experienced attorneys with technical expertise, comprehensive patent services, personalized attention, and a track record of successful results. We are committed to protecting your inventions and providing innovative solutions tailored to your needs.

What types of patents can your attorneys handle?

Our attorneys have successfully handled a wide range of patent applications, including mechanical, software, business method, electrical, electronic, and design patents. We stay updated on the latest developments in patent law to provide effective strategies for various patent types.

How can your firm help with international patent protection?

Our attorneys are admitted to practice before the United States Patent & Trademark Office and have extensive experience in procuring patent protection worldwide. We have established a strong network of counsel globally to assist you in obtaining comprehensive patent rights internationally.

Can you assist in licensing my patents?

Absolutely. Our experienced patent attorneys can help you license your patents to companies in relevant industries. We conduct thorough market research, identify potential licensees, and assist in developing persuasive pitches to maximize the value of your inventions.

How can I benefit from strategic patent portfolio management?

Strategic patent portfolio management is crucial for achieving your business goals. Whether you need to create a defensive or offensive patent portfolio, our experienced attorneys will develop a tailored strategy to protect your interests and secure your competitive advantage.

What if a dispute arises regarding my patent rights?

In the event of a dispute, our firm has a proven track record in patent litigation. Our attorneys are experienced in representing clients in district courts nationwide, providing effective representation within a reasonable budget. We explore insurance coverage options whenever possible.

How do you ensure personalized attention and tailored solutions from a right patent attorney?

At The Law Offices of Konrad Sherinian, LLC, we believe in building strong relationships with our clients. We take the time to understand your patent-related challenges and provide personalized attention and tailored solutions that address your specific needs. We collaborate closely with you to ensure your success.

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Experienced Patent Attorneys

The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.