Many business owners and entrepreneurs may wonder how a Chicago, IL patent lawyer can contribute to their success. A skilled patent lawyer in Chicago, IL understands that a key component in that success is protecting all intellectual property. At the Law Offices of Konrad Sherinian, we have successfully obtained countless patents for clients and we know how important it is for an inventor to have that legal protection.

Whether your invention is an item or a design, a patent granted by the U.S. Patent and Trademark Office (USPTO) will bar others from producing, using, or selling your invention. According to the federal statute that oversees patents, any person 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.”

Getting a Patent

Congratulations! You’ve developed a new product or invention. Now it’s time to file for a patent to protect your product. The process is long – not just the number of pages for the application but the wait to hear if it was approved could be up to two years. Why doesn’t your patent last forever? Why do patents expire? In this article, we’ll explain why that patent you worked so hard to achieve will expire.

What is a patent?

A patent is legal protection for your invention or intellectual property. It is a limited set of rights to the owner of that patent in exchange for disclosing their invention to the public. It also gives the patent holder financial rights to their product and the right to sue if they believe someone is infringing on their patent. It doesn’t give them the right to be the only one to use the product, it just gives them the right to prevent anyone else from making it and making a profit off it.

A patent is specific to products and inventions. If you are looking to protect other intellectual property like literary works (books, plays, art, music) or if you are looking to protect logos, slogans, and taglines for your business, you would need to file for a copyright and trademark respectively.

The Patent Process

An experienced patent lawyer in Chicago, Illinois can explain just how complicated the patent process can be. As with many legal issues, there is a strict procedure that must be followed; failure to follow the procedure could result in having your patent denied. This is why it is critical to have the assistance of a Chicago, IL patent lawyer from the Law Offices of Konrad Sherinian in obtaining your patent.

Once you have consulted with your attorney, they may conduct an extensive search to make sure there is not another patent that exists for your invention. Your attorney may also conduct a search for any foreign patents.

After it has been determined that no other patents exist for your invention, your Chicago, IL patent lawyer may determine what type of patent you need. The three classifications are:

Utility – granted for a process, machine, manufacture article, or composition matter.
Design – granted for any new or original design.
Plant – granted for the discovery or invention and asexual reproduction of a new plant.

Your attorney will then draft the application and send it to the USPTO. If the USPTO requires any communication regarding your application, your attorney may also handle that for you.

An Illinois patent lawyer from the Law Offices of Konrad Sherinian may also help with other intellectual property services, including:

Patent and software patent prosecution
Patent search
Foreign patent protection
Reissue patent
Supplemental examination
Preissuance submission
Ex parte reexamination
Patent post grant review
Patent post grant inter partes review
Appeals to the PTAB (Patent Trial and Appeal Board)
Trade secrets
Copyrights
Cyber law
Why do patents expire?

Patents expire for a variety of reasons. A design patent (or a patent on the aspects of the invention) expires after 14 years while a utility patent (a patent on the way you use your invention) expires after 20 years.

The main reason patents expire is to encourage innovation. If every idea was protected forever, there would be no way for improvement or for other people to build upon that invention. The US Patent and Trademark Office understand that technology changes over the years and the way you use something in 1990 may not be the same way you use it in 2010 (think your cell phone).

Another reason patents expire is to encourage competition within the market. While it may seem unfair to the person holding the patent, competition is good for the economy. Consumers don’t want one company or person to hold the keys to certain products for eternity. So competition allows for the revenue to be spread out among numerous brands as well as creativity and innovation.

Some more practical reasons patents expire is due to negligence on the part of the patent holder. Patents come with maintenance fees and if you don’t pay your maintenance fees your patent will expire. They generally give you a six-month grace period, but once that has come and gone, you will lose your patent. However, if the missed payment was an accident, you can always revive your patent by paying the maintenance fee.

So while yes, patents do expire, it’s not necessarily a bad thing. Make sure you keep an eye on all the due dates for fees or expiration dates so you don’t unintentionally lose your rights.

Contact a Chicago, IL Patent Lawyer Today

If you need help applying for a patent, or if you need any other intellectual property assistance, call The Law Offices of Konrad Sherinian. Attorney Sherinian has an extensive litigation and intellectual property background, and has authored multiple articles and made numerous presentations to various industry groups on intellectual property and litigation. Attorney Sherinian is also a prior co-chair of the ABA’s Inequitable Conduct Subcommittee.

Contact a seasoned Chicago, IL patent lawyer today at 312 981 5004, or fill out a contact form on our website.

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

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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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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.