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”
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 “Don’t Lose the Race to the Patent Office”
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”
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?”
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 “Searches Add Value to Patent Applications”
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. If you are an inventor in the Baton Rouge area, you may want to talk to a local patent attorney. The Patent Office also keeps a list of each registered attorney and agent that is searchable by location. In other words, if you are searching for a Baton Rouge patent attorney, you can get the complete list of Baton Rouge patent attorneys at USPTO.gov.
Continue reading “Don’t fall for a patent scam”