Patent Requirements
The system for granting patents is designed to encourage inventions that are unique and useful to society. We often think of them as products, ranging from everyday items like a frying pan to more complicated products like nanotechnology microchips or a chemical compound.
However, an invention can also be a process, like the process for actually making the chemical compound. Many products in fact, contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, all working together.
Do you have an idea or invention and wonder if it’s eligible for a patent? If so, the laws state it must be ‘useful, novel, non-obviousness and cover patentable subject matter’. What does all that mean exactly?
USEFUL
For an invention to be ‘useful’, it must have some beneficial use and must be operable. A machine that will not operate to perform its intended purpose would not be called useful, and therefore would not be granted a patent.
NOVEL
An invention is ‘novel’ if it is different from other similar inventions in one or more of its parts. It also must not have been publicly used, sold, or patented by another inventor within a year of the date the patent application was filed.
NON-OBVIOUS
An invention is ‘non-obvious’ if it would not be obvious to a person of ordinary skill in the art of the field of the invention at the time of invention. Obviousness is very complicated, but some ways of recognizing non-obviousness are if the operation of an invention is unexpected or if the invention produces a surprising result.
What can’t you patent?
Patents are only issued for inventions, ornamental designs of goods, or plants, not names. If you are looking to patent a name, a trademark is your best solution for protection.
Naturally occurring substances and laws of nature, even if they are newly discovered, cannot be patented. Abstract principles, fundamental truths, calculation methods, and mathematical formulas also are not patentable. However, a process that uses such a formula or method can be patented.
A patent cannot be obtained for a mere idea or suggestion. The inventor must have figured out the concrete means of implementing his/her ideas in order to get a patent.
A patent also will not be granted for an invention with no legal purpose or for an unsafe drug.
Complicated nuances exist for all of these requirements, and a skilled attorney is generally required to determine if an invention meets these requirements.
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.
Who, What, Why, When, Where & How
Types of Patents
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.
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.
