Patents
Patents are a type of intellectual property which gives the patent holder the right to exclude others from making, using, and importing the patented invention in the country (or countries) where the patent holder has secured patent protection, for a limited period of time. The right to exclude is in exchange for public disclosure of the patented invention. In the United States, a patent’s term (i.e the period of time for the right to exclude others) is twenty (20) years for Utility Patents and fifteen (15) years for Design Patents.
In the United States, the primary requirements for patentability of Utility Patents are:
1. Patentable subject matter;
2. Utility;
3. Novelty;
4. Nonobviousness; and
5. Enablement.
The United States and many other jurisdictions also recognize another type of patent—the Design Patent. The United States Patent and Trademark Office (USPTO) defines Design Patents as “the visual characteristics or aspects displayed by the object. It is the appearance presented by the object which creates a visual impact upon the mind of the observer.” USPTO, MPEP § 1502. The primary requirements for Design Patents in the United States are:
1. Novelty;
2. Originality; and
3. Nonobviousness.
The requirements for patentability, patent terms, and the processes for obtaining patent protection in countries outside of the United States vary. Our office has extensive experience with prosecuting Utility Patents in the United States in the fields of Pharmaceuticals, Biotechnology, Chemical Engineering, and Mechanical Engineering, among other fields. Our office also has extensive experience in prosecuting Design Patents in the United States. In addition to our ability to provide you with patent prosecution services in the United States, our office can help you navigate the filing process for patent applications
internationally. Our office regularly works with foreign counsel to help you secure patent protection internationally.