Patent Lawyers Chicago IL
The Law Offices of Konrad Sherinian, LLC is one of the foremost intellectual property law firms in Chicago IL. Whether you want to file for a patent or trademark, or protect your creation through litigation, our patent lawyers Chicago IL trusts can help.
When you invent something new, the creation and your patent for it is likely to be one of your most valuable assets. Unfortunately, the lucrative element to these inventions can cause vulnerabilities, making your invention and patent prone to disputes, accusations, and the need for patent litigation. Whether you are enforcing your patent rights against another party or defending a claim of patent infringement made against you, our Chicago IL patent lawyers have the knowledge, experience, and dedication to guide you through the process and reach an outcome that you are seeking.
Patent Infringement
When you are granted a patent, there will be a set of claims which are the foundation of your patented creation. When another party makes, sells, imports, or uses your patented invention, there is likely to be an infringement. As soon as you find out that this is going on, you may have the right to sue the infringing party for monetary damages and an immediate cease and desist.
Types of Patent Infringement
In the US our patent lawyers Chicago IL relies on share with you that there are different types of patent infringement: direct and indirect. Direct focuses on activities relating to the:
- Patented invention
- Use of the patented process of the invention
- Offering the patented process for use
- Products obtained through the patent, but without the inventor’s permission
Indirect infringement occurs when a party indirectly infringes on your patented invention by:
- Supplying a party with an important element of the patent.
- Knowing they are using a patented part or invention without authorized use.
Other types of patent infringement that our patent lawyer Chicago IL turns to includes, but are not limited to:
- Induced infringement
- Contributory infringement
- Wilful infringement
One of our patent lawyers Chicago, Illinois people trust will review your circumstances to determine what type of infringement has occurred and, using this information, can build a defense on your behalf.
Most Common Infringement Defenses Used By Defending Parties
When a party is being accused of infringement, they will typically use defenses such as:
- Your patent was not valid.
- You were dishonest on an application.
- You included misleading information within the patent.
- Your patent was used for illegal activity.
- Your patent violates other laws.
- It does not meet the patent filing requirements.
Regardless of what another party might be saying, our patent lawyers Chicago IL depends on will be ready to fight for your rights, your patent, and your monetary assets.
Patent Litigation
Patent litigation in Illinois is a legal process that ensues after a claim for infringement of a patent has been made. In general, a settlement through mediation will be the first option, but if these negotiations do not work, litigation will be the natural course of action.
Patent litigation cases are very complex and require a precise type of lawyer who understands patents, litigation, and other subject matters. Winning a case requires more than holding a valid patent. Often, especially when the patent infringement is considered to be a borderline case, the party with greater resources, determination, and skill, will win. For this reason, it is important you hire a leading patent lawyer Chicago IL recommends from The Law Offices of Konrad Sherinian, LLC.
How To Know If You Need a Patent Or a Trademark
When dealing with Intellectual Property, there are a few options to choose from when deciding how to protect your work. Perhaps you just designed new technology that you would like to put on the market but are unsure of how to properly protect it. Or, maybe you designed a symbol to distinguish your company from other similar companies and you want to make sure no one steals that symbol. You might not be sure if this should be patented or trademarked. For further information on what you can and cannot patent and trademark and to determine which route is right for you, read on for information from the patent lawyers Chicago, Illinois trusts.
Patenting Your Item
When you create an invention of some kind, you will typically want to go to the United States Patent and Trademark Office to apply for a patent. You may also want to speak with patent lawyers Chicago IL people obtain support from for legal advice. Why use a patent for an invention instead of a trademark? Because patents protect your invention. It legally says you are the owner of the right to prohibit anyone else from profiting off of your invention in some way. This includes preventing others from using, making, selling, and even importing your invention without permission or making an invention that is similar.
What Can You Patent?
There are many items that you can patent. In fact, our patent lawyers Chicago IL trusts shares with you that the U.S. patent law states that someone who “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.” Thus, what you patent must be an item (not an idea), it must be unique and new, it must be able to accomplish a task and be useful, and the invention cannot usually be an obvious invention. Common examples of items you can patent are:
- Games
- Computer Software
- Machines
- Business Methods
- Makeup
- Perfumes
- Sporting Goods, and more
Trademarking
Applying for a trademark is for a wholly different reason. Should your patent lawyer Chicago IL people depend on recommend that you trademark, it is because you want to protect something like a design, a phrase, a symbol, or a word. One would trademark these because they can help distinguish a source of goods—like a business—from others. While a patent can last only for a set number of years (usually 15-20), a trademark is virtually everlasting, as long as you or your company continues to use it.
Do You Need To Go Get Your Trademark Registered?
Unlike a patent, you are not required to register a trademark in the same way that you would register a patent. There is such a thing as a “common law” trademark that can be established on the idea that your “mark” is used in commerce. However, our patent lawyer Chicago IL turns to will tell you that registering your trademark through the USPTO does have advantages. These are:
- A nationwide, legal ownership
- A notice that shows the public you own this trademark
- Your exclusive rights to use this specific mark for the services or goods you have specified during registration
It may also be beneficial for you to speak with patent lawyers Chicago, Illinois recommends to ensure that you are protected moving forward.
How Can I Move Forward With My Patent Or Trademark?
Once you have determined whether you need a patent or a trademark, you can decide if you would like help from patent lawyers Chicago IL residents rely upon. Though they are not necessary, they can be an invaluable service when navigating the legal requirements of getting your item patented or trademarked and they can be particularly useful when you feel that your patent or trademark has been infringed upon. If you have any further questions on whether a patent or a trademark is right for you, or if you would like to set up a consultation with one of our patent lawyers Chicago, Illinois recommends, please call The Law Offices of Konrad Sherinian, LLC today at (630) 318-2606.
Get it Touch With a Respected Chicago IL Patent Litigation Lawyer
Patent litigation can be a long process. The patent lawyers Chicago IL clients recommend from The Law Offices of Konrad Sherinian, LLC will work hard to make your case as easy as possible, with an emphasis on reaching the result you desire. To learn more about our patent litigation services, please contact our office today.
Patent Lawyer FAQ: Why Patent Searches Are Key to a Proper Patent Application
Have you created or invented a new service, product, or idea? Before you take your invention to the open market, have you thought about patenting it? If not, now is the time to consider contacting our patent lawyers Chicago IL residents rely on for help. By patenting your product, service, or idea, you can ensure it is protected from other entities who may try to copy, steal, sell,or otherwise use it without your knowledge.
A patent application will begin with a patent search. This is a process that involves a comprehensive search of patents on the marketplace and in USPTO owned databases, as well as, private databases. Although you can perform your own patent search, it is advisable to hire a patent lawyer for assistance. By doing so, our patent lawyers Chicago IL recommends share that you can ensure all possible search criteria is performed correctly and efficiently.
The Patent Examiner
Your patent lawyer Chicago IL trusts is not the only person who will search for the same or similar invention. Rather, the Patent Examiner will also search for your prospective patent. The Patent Examiner has many years of experience in search for patents within in-house patent databases. It should be fully understood that this database cannot be accessed by the general public. Furthermore, it is updated before the databases that are available to the public.
In the event of the Examiner finding the same exact creation, invention, or idea, your patent application will be rejected. Overcoming the rejection, without making significant changes, will likely not be possible.
You Could Save Money by Hiring a Patent Lawyer Chicago IL Recommends
When you turn to a patent lawyer from The Law Offices of Konrad Sherinian, LLC for assistance with your patent search, you might actually save money. We can help to remove any potential impression that the patent was, for-certain, patentable. As a patent lawyer might explain to you, paying the up front costs of a patent search can save you from filing a costly patent application that might be rejected. If you decide to skip the search process, and move forward with the application, you may lose a lot of time and money. Furthermore, for a strong patent, it is very important that the results of the patent search are cited in your patent application. Our patent lawyer Chicago IL turns to shares that failure to include this could cause future problems, and cost more money.
Final Points to Consider
All prior creations cited in a patent application are assumed to be considered by the Examiner.
The more citations included in the initial application, the harder it can be to use previous creations against you (thus, could invalidate your patent).
A high quality, upfront search can result in a strong patent.
The more robust a patent is, the more it can save you from invalidity and disputes.
A strong patent is also a valuable patent.
The Law Offices of Konrad Sherinian, LLC: A Patent Lawyer Chicago IL Can Count On For Your Patent Search
If you are in need of a patent lawyer for your patent search, look no further than The Law Offices of Konrad Sherinian, LLC. We can assist you with all of your patent needs from in-depth searches to the application process, patent litigation, and more. Call patent lawyer Chicago IL depends on today for a consultation.