Understanding what the Patent Office considers new will not answer the question of what is patentable, but understanding what is patentable nearly impossible without an understanding of what the Patent Office considers new.
Louisiana inventors and business owners should understand the basics of the new patent law following the Leahy Smith America Invents Act. One of the most important aspects of the new patent law is how the Patent Office will be judging patent applications to determine if an invention is “new.” Continue reading
Patent applicants have a duty to disclose relevant prior art to the Patent Office during the application process. The following sections address some of the basic principles associated with that duty of disclosure.
Who owes a duty to disclose? Continue reading
In addition to seeking the assistance of a patent attorney Louisiana inventors should focus on the business plans associated with their inventions. The Louisiana Business and Technology Center (LBTC) is a place where inventors and other innovators go for assistance with the business side of commercializing their inventions. LBTC serves as a business incubator for Louisiana businesses and Louisiana technology businesses in particular. Continue reading
In Louisiana there are a variety of patent search resources available. If you contact a Louisiana patent attorney he or she will be able to procure a professional search on your behalf. However there are a number of free search tools available through the internet and locally. Continue reading
Inventors have the right to prepare and file a patent application without the assistance of a patent lawyer. Inventors have always had this right, referred to as prosecuting a patent pro se, which is described in the Code of Federal Regulations (37 CFR 1.31) and in the Manual of Patent Examination Procedure (section 401). Well-funded organizations rarely seek patent protection without the assistance of a lawyer. Continue reading
If your Baton Rouge company has a new product or service and you don’t know of anyone else that has anything like it, be careful. A patent application is a significant investment.The company’s investment in a patent application is not like an investment in vehicle or other tangible item. Continue reading
The America Invents Act is set to significantly impact how inventors approach the patent application process. One of the biggest elements of the new law impacting Louisiana inventors is the move to the first to file patent system. Inventors in Louisiana still have a significant amount of time before the biggest changes are made to patent filing rules. The first inventor to file provision of the America invents act will go into effect on March 16, 2013. 35 U.S.C. 102 which makes up part of the new law will read in part: Continue reading
Inventors should be wary of anyone who approaches them seeking money in exchange for patent promotion services, particularly if they seem too good to be true. The United States Patent and Trademark Office keeps a running list of the inventor complaints that it publishes. If a firm that you are considering dealing with is on the list, it is a must read. Continue reading
REVISED 7/8/2012: Baton Rouge inventors and others who manage or supervise inventors or potential inventors should be aware of how the disclosures of inventions impact potential patent rights. 35 U.S.C. 102(b) describes how an inventor can loose patent rights by disclosing an invention and failing to file a patent application in the allotted period of time. Continue reading