Kickstarter.com, Indiegogo.com and other crowdfunding sites have revolutionized the way that some businesses start up and raise capital. However, when new technology is involved, it is best to look before you leap. In a first-to-file patent system there is a danger that winning the race to raise capital could lead to losing the race to the Patent Office.
Reproduced below is the Patent Novelty Statute, 35 U.S.C. 102 as amended by the America Invents Act. It is also available at uspto.gov.
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or Continue reading Patent Novelty Statute
Above is an example of a potential timeline for a patent application. It is important to note that the example represents a very simple course of patent examination concluding in the issuance of a patent and that the discussion below contains only a few highlights of the application process. Continue reading Simple Patent Application Timeline
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. Continue reading What the Patent Office Considers New
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. Continue reading Duty of Disclosure in US Patent Applications
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 Business help for Louisiana Inventors
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 Search Tools for Louisiana Inventors
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 Patent Applications without a Lawyer?
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 America Invents Act Affects Louisiana Patent Hopefuls