Most inventors hope to either actively participate in the commercialization of their invention or license the invention so they may receive a royalty for such commercialization efforts. Working with a patent attorney to seek patent protection is only a portion of the typical patent based business.
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.”
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.
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 […]