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Congress Address How Patents Impact Drug Prices
Congress holds hearings on the impact of drug patents on pharmaceutical prices.
Can I Patent My Software Application? Maybe, Soon.
Software application developers will likely be able to protect their inventions very soon. A bipartisan Congressional group is soliciting feedback on a bill that would make software apps eligible for patent protection.
Software application developers, your day might be coming! A bipartisan proposal has just released that REMOVES the judicially-created non-sensical exception to Section 101 patent eligibility (the one that prevents nearly all software applications from being patented because they are “abstract ideas”).
The bill:
prevents “abstract ideas,” “laws of nature,” or “natural phenomena,” from being used to determine patent eligibility under section 101
add a subsection (k) to Section 100 defining “useful” as “any invention or discovery that provides specific and practical utility in any field of technology through human intervention.”
Every patent attorney I know thinks the near-ban on software patents was wrong. I thank our congresspersons for finally getting around to addressing the issue and applaud the inclusive process. Senate hearings on the topic are on June 4, 5 and 11.
Let’s reexamine the eligibility of your software application in light of this proposed bill.
More Than Your Average IP Boutique
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
IP FOR THE BUSINSS LAWYER PRESENTATION
IP Law Overview | Patent Law | Trademark Law | Trade Secret Law | Copyright Law
I recently presented a continuing legal education course that explained patents, trademarks, copyrights and trade secret law to business attorneys. This is a great overview of intellectual property law for all.
Ahaji Amos, PLLC
More Than Your Average IP Boutique
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
5 Things to Know About Design Patents
Can I patent my design | What is a design patent?
5 Things to Know About Design Patents
Are you a designer? If so, did you know that you can patent your designs? Even if you are not a designer, if your utility patent has a unique design, did you know that you can patent that design? Design patents can be just as valuable as utility patents. For example, if you ask a woman if she has any red bottom shoes, she will most likely know who designs red bottoms, especially if the woman is a shoe fanatic! Now, she may not have any, but . . . Did you know that Louis Vuitton has several patents for shoes, boots, purchases, jewelry, and watches? There is a reason why LV made investments to protect his designs – it’s called brand recognition. If you have a design that you would like to protect, here are 5 tips you need to know about design patents.
1. What is a design with respect to patents?
A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. The subject matter of a design patent application may relate:
· to the configuration or shape of an article;
· to the surface ornamentation applied to an article; or
· to the combination of configuration and surface ornamentation.
A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
The United States Patent and Trademark Office (USPTO) examines applications and grants patents on inventions when applicants are entitled to them. The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features. --- 35 USC 171
2. What are the types of designs and modified forms of design patents?
An ornamental design may be embodied in an entire article or only a portion of an article or may be ornamentation applied to an article. If a design is directed to just surface ornamentation, it must be shown applied to an article in the drawings, and the article must be shown in broken lines, as it forms no part of the claimed design.
A design patent application may only have a single claim (37 CFR § 1.153). Designs that are independent and distinct must be filed in separate applications since they cannot be supported by a single claim. Designs are independent if there is no apparent relationship between two or more articles. Designs are considered distinct if they have different shapes and appearances even though they are related articles. However, modified forms, or embodiments of a single design concept may be filed in one application. --- 35 USC 171
3. What is the difference between a design and utility patents.
In general terms, a "utility patent" protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Additionally, a utility patent has a 20 year patent term while a design patent has a 14 year patent term. As an example, one could obtain a utility patent on the air suspension system in the sole of a shoe, and could then patent the design of the shoe itself. The suspension system has utility while the design is just a design.
4. What is the subject matter for design patents?
A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or appearance to the article not dictated by the function that it performs, the design lacks ornamentality and is not proper subject matter. In addition, 35 U.S.C. 171 requires that a design to be patentable must be "original." Clearly a design that simulates a well-known or naturally occurring object or person is not original as required by the statute. Furthermore, subject matter that could be considered offensive to any race, religion, sex, ethnic group, or nationality is not proper subject matter for a design patent application (35 U.S.C. 171 and 37 CFR § 1.3).
5. What are the elements of a design patent application?
The elements of a design patent application should include the following:
· Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
· Cross-reference to related applications (unless included in the application data sheet).
· Statement regarding federally sponsored research or development.
· Description of the figure(s) of the drawing;
· Feature description;
· A single claim;
· Drawings or photographs;
· Executed oath or declaration.
In addition, the filing fee, search fee, and examination fee are also required. If applicant is a small entity, (an independent inventor, a small business concern, or a non-profit organization), these fees are reduced by half. --- 35 USC 171
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
YOU CAN PATENT NATURAL HAIR CARE PRODUCTS, HERE ARE 5 WAYS TO PROTECT YOUR NEW PRODUCT
natural hair care products | patent my hair care product | patent my natural hair care product | can I patent my natural hair care products
Many black women have decided to transition from relaxed to natural hair texture. Although this is a beautiful and empowering experience, it can often be a real struggle. When transitioning from relaxed to natural (and even after transition), retaining moisture and proper detangling is key. Therefore, products designed to make natural hair more manageable are essential to the ladies who rock natural hair! Hence, the natural hair care industry can be very lucrative if you have developed a must have product for natural hair. For example, Gwen Jimmere, founder and CEO of Naturalicious, recently made history for being the first black woman to receive a patent for a natural hair care product developed for and targeted to women with curly, coily and kinky hair textures. Obtaining intellectual property is essential for your brand recognition and to facilitate strengthening consumer loyalty. Do you have a natural hair care product that you would like to protect? If so, here are 5 ways you can protect your product.
1. Patent you natural hair care products.
Considering Jimmere’s success story, it should be obvious that you should consider applying for a patent to protection your brand. The benefits to applying for a patent for your products include, but are not limited to,
· ability to stop others from selling a competitive product; and
· increased profits.
Please see my article, “5 Reasons to Apply for a Patent” for an overview of why patent protection is important for your brand.
2. Is your natural hair care product a trade secret?
Contrary to patents, trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities. Consequently, a trade secret can be protected for an unlimited period of time. However, there are certain some conditions for the information to be considered a trade secret.
· The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question).
· It must have commercial value because it is a secret.
· It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).
It is important to note that compliance the conditions above may turn out to be more difficult and costlier
3. You can use trade/service marks to protect your natural hair care products.
Since a trademark is used to identify the source of goods or services and is used to distinguish the goods and services of one seller or provider from another, you could effectively market your brand by selecting a mark that you distinguish your products from your competitors. For example, when you see “LV” on a purse, you can identify the designer of the purse—even if the purse is a knock off.
4. Using copyrights to protect your natural hair care products.
Copyright law covers almost all forms of creative output, including
· commercial items (e.g., advertising copy),
· product photos,
· packaging illustrations
· websites
· Images used on your beauty product
· Video and music used in product advertising
· text on the beauty product itself or on product flyers,
· advertisements or inserts is also copyright-protected.
If you created the text or graphics yourself, then you are the copyright holder. If you hired someone else to create the material, then the contract between you and the artist should specify who holds the copyright to the materials to avoid any legal ambiguity about ownership.
5. Protecting your natural hair care products with a trade dress registration.
Trade dress generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. Trade dress is a type of trademark that refers to the image and overall appearance of a product. Trademarks protect brands and the goodwill associated with the brand.
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
How to File Your Own Provisional Patent Application
Drafting Your Own Provisional Patent Application | How to Draft Your Own Provisional Patent Application | Draft Your Own Patent Application | Provisional Patent Application Templates
Don’t file your own provisional patent application.
You might be able to say you have “patent pending status” for 12 months, but it’s unlikely you’ll be able to rely on that provisional patent application for a filng date after that time, especially if you are using an online or automated template for drafting a provisional patent application.
There are several advantages to filing a provisional patent application. For example, filing a provisonal patent application is a cost-efficient means of protecting an invention during the early stages of the development process. Additionally, multiple provisonal patent applications can be referenced when a nonprovisional utility patent application is filed that combines all the ideas of each provisonal patent application into one application. Do you have an invention that you would like to commercially promote by fear that your invention could be stolen and commercially exploited by others? Are you considering filing a provisional patent application for your invention without using a registered patent attorney and using an online patent application template to guide you through the process? If so, here are 5 reasons why you should avoid online provisional patent application templates.
1. You May Not Disclose Enough
In order for a non-provisional patent application to claim the filing date of an earlier filed provisional patent application the invention claimed in the non-provisional patent application must be fully described and disclosed such that one skilled in the art of the invention can make and use the claimed invention without too much trouble. The earlier filed non-provisional patent application need not be orderly, pretty or neat. It doesn’t even need all of the sections and disclosures required for non-provisional utility applications. However, the provisional patent application must adequate disclose the claimed invention. Any claims that are not sufficiently disclosed will not receive the benefit of the earlier filed provisional.
2. You Don’t Have a Docketing System
If you are not knowledgeable about patent law, you will face many challenges when attempting to use a PPA template to prepare your application. Yes, provisional patent applications are a simplified means to apply for patent protection. However, provisionals do not result in an issued patent because they expire in one year. If you want to obtain a patent on your invention, you will need to file a nonprovisional patent application before your provisional patent application expires.
3. Experience Matters.
Do you know when you should or should not file a provisional patent application? If you plan on filing international patents on your invention, some countries have strict requirements regarding first filings. Hence, filing a PPA could be problematic if you desire international protection.
Do you know if you should submit drawings with your provisional patent application? Some have included information on their websites that suggest that drawings are not required with a provisional patent application filing. However, you should submit drawings if they are necessary for the understanding of the subject matter that you are trying to patent. If you need to submit drawings, do you know how to draft the drawings or many to include? Again, you could submit a provisional patent application without the help of an attorney, but should you? These probably all questions that you do not know and will have to research. You will need to do a lot of research if you use a PPA template.
4. Patent Law is Considered One of the Most Complex.
A professional patent attorney is the best source for filing the provisional patent application correctly. Patent attorneys make up less than 5% of attorneys and require an additional examination to practice. An attorney can’t call themselves a patent attorney unless they have sat for and passed the Patent Bar Registration Exam. Only 47% of attorneys who took the exam in 2018 passed! So, it’s really not a great idea to pretend to be one.
Patent applications are complicated, a patent attorney will help you avoid the pitfalls in the patent process.
5. Writing the application will be time consuming for you.
There are many types of provisional application templates available online, so you will first need to conduct research on which template to use. Templates only give you a place to start – so, you will still need to research all the necessary USPTO patent submission standards. Most PPA templates do not provide guidance on how to write your application – so, you will need to research that too. For example, your application should include a specification as prescribed by section 112(a). Do you know what a specification is? Do you know what section 112(a) is? If your template does not explain how to comply with these requirements, you will need to research the information.
Ahaji Amos, PLLC
More Than Your Average IP Boutique
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
HOW TO GET PATENT PENDING STATUS ON YOUR INVENTION
Patent Pending on My Invention | Patent Pending Status | Patent My Invention | How to Get Patent Pending Status
How to Get Patent Pending Status
Do you have an invention and you are stuck on what to do next? Are you trying to decide if you want to make and sell your invention? And, if so, do you have the cash to do so? Are you considering selling your invention to an individual or company who would make and sell your invention? Or, do you want to try to license your invention to others. Are you afraid that if you start to disclose you invention to others that someone may steal your invention? If so, it should be comforting to know that you can get “patent pending” status so that you have protection from and have recourse against those who might try to steal your ideas.
There are a few ways to get patent pending status including:
Apply for a design patent on the look of your product
Apply for a utility patent application
What is a provisional application?
A provisional patent application (PPA) is a simplified means to apply for patent protection that expires in one year of the filing date. PPAs have a lower initial investment as opposed to the costs associated with the filing and prosecution of a nonprovisional application. Filing a PPA would permit authorized use of "Patent Pending" notice for the 12-month term.
How is a PPA a simplified means to apply for patent protection?
Because a PPA is not examined; therefore, there a several benefits in filing a PPA – such as an applicant is free to
· perfect his or her invention (e.g., the applicant has an additional year to experiment);
· find investors for financial backing, since filing a non-provisional application can be quite costly; or
· find interested parties for licensing.
What is the difference between a PPA and a nonprovisional patent application?
Provisional patent application and non-provisional patent applications differ in many ways. A nonprovisional patent application is examined and does not expire after a year. In fact, a nonprovisional application must be filed before the PPA expires in order to benefit from the earlier filing date. Additionally, the initial investment of filing fees for filing a PPA in the United States Patent and Tademark Office (USPTO) is currently in the range of $280 to $70, while the initial investment of filing a nonprovisional application can cost thousand of dollars.
Are there any risks if I wait to file for patent protection?
For many years, the United States awarded the patent to the applicant who could prove that he or she created the invention first. However, the U.S. currently awards the patent to the applicant who files the patent application first. It is also important that you file your patent application as soon as possible before you disclose anything, demonstrate your invention publicly or offer it for sale. So, if you are at the point where you want to market your invention, it is imperative that you consider patent protection in addition to whatever marketing strategies that you are considering using to facilitate turning your invention into a profitable endeavor so that you have reasonable protection and recourse against those who might be willing to steal your ideas and run straight to the patent office without passing “Go” to apply for a patent (If you read my article about Lizzie Magie and Monopoly (“5 Reasons to apply for a Patent, you “get” my joke.)). Contact me today to learn more about PPA filings.
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
5 REASONS TO APPLY FOR A PATENT ON YOUR INVENTION
Obtaining patent pending status is invaluable for companies who want to be successful. This article explores the reasons to patent your invention and what could happen if you fail to patent your invention.
5 Reasons to Apply for a Patent
Most of us know how to play the board game Monopoly. However, what most of us do know is the history of Monopoly. Monopoly was designed by a Quaker named Lizzie Magie in 1903 and was originally entitled “The Landlord’s Game”. In the 1930s, an unemployed heater salesman named Charles Darrow played The Landlord’s Game at a friend’s house one night after dinner where he obtained a copy of the rules. Darrow filed a patent application for “Monopoly” using the stolen concept and rules of The Landlord’s Game and received a patent in 1935, which was acquired by Parker Brothers. Darrow became the first millionaire game designer in history by using a stolen idea. Do you have an invention that you would like to market but are afraid someone might steal your idea? If so, here are five reasons why you should apply for a patent.
1. Patents are among the most valuable types of intellectual property.
Intellectual Property (“IP”) is a work or invention that is the result of creativity. More specifically, IP includes intangible creations where human intellect is used a category of property, namely inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Article 27 of the Universal Declaration of Human Rights provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions (i.e., patents, copyrights, industrial design rights, plant varieties, trademarks trade dress and trade secrets). Essentially, IP rights allow creators and owners to benefit from their own work (or investment) in a creation. While a patent is only one form of IP, it is arguably among the most valuable, especially when considering the exclusionary right that is afforded by patent protection.
2. If you patent your invention, you can exclude others from making, using, offering for sale, or selling your invention.
A patent for an invention is the grant of a property right by a national patent office (or by a regional office that exams patent work for a group of countries) for a limited term, generally 20 years from the date on which the patent application was filed. The right conferred by the patent grant is the right to exclude others from
· making;
· using;
· offering for sale; or
· selling your invention.
Patent rights can be enforced in courts that have the authority to stop patent infringement. So, if you have an issued patent for an invention and someone makes, uses, offers for sale, or sells your invention, without your consent, you can sue the person (a/k/a an infringer) in court to seek an injunction and for damages (and in some cases of willfulness infringement, triple damages).
In other words, the exclusionary right that is conferred by the grant of a patent serves to protect the patent owner against patent infringement since a patented invention cannot be commercially made, used, offered for sale, distributed or sold during the term of the patent without the patent owner’s consent.
3. Patents can be used to identify and develop new brands, maintain present markets or create new ones.
The exclusionary right of patent protection reduces competition, which would help you establish a preeminent position in the market. So, you could realize a strong market position with your patent since patent owners are able to prevent others from commercially using a patented invention during its term. Accordingly, during the term of your patent, you would be able to
· identify and develop new brands
· maintain present markets; or
· create new markets
because you have greatly reduced or eliminated the competition.
You will also enrich the marketplace as all patent owners are obliged to publicly disclose information on their inventions in exchange for their exclusionary right. Moreover, the total body of technical knowledge that is available to the public is increased through public disclosure and our lives are subsequently enriched because the disclosure promotes further creativity and innovation by others. So, you are essentially giving back to society (which has to be a great feeling) once your patent term ends as others will no longer be excluded from making, using, offering for sale, or selling your invention.
4. Patents can be used to generate new income streams.
Did you know that you can create several streams of income from issued patents? In fact, if you own patents you can tap into their value in several different ways, such as:
· through your own business processes by providing goods and services to customers;
· licensing your technology to others (When a patent owner grants a license to others, the patent owner receives patent royalties, which can be very lucrative if negotiated properly.); or
· selling the patents (Remember, patents are property, so they can be sold too!).
Additionally, patents can greatly increase the value of your business if you ever decide to sell your business because an issued patent tends to create a positive image for your organization as potential business partners, investors and shareholders typically perceive patent portfolios as demonstrative of a high level of expertise, specialization and technological capacity within an organization, which could prove useful if you want to
· raise funds;
· find business partners;
· raise your organization's market value; or
· attract investors to help your business grow.
5. Patents can be used to create a business presence in several countries.
Is there a market for your invention in other countries? If so, you should be mindful that a patent only protects an invention in one country or region.
For example, if you receive patent protection in the United States, your invention will not be protected in other countries. Hence, others will be able to make, use, offer for sale, or sell your invention outside of the United States.
If your organization has potential competitors, customers or collaborators abroad, filing international patents can be used to create a business presence in several countries without incurring a large expenditure on brick and mortar entities by using the Patent Cooperation Treaty (the “PCT”). You can protect your invention around the world using the PCT. Filing PCT applications is cost efficient because you can apply for protection in over 140 countries through one centralized application process, which has the same effect as filing multiple patent applications at the same time. This strategy for your patent portfolio also has other advantages, namely:
· creates an exclusive market share for your technology in other countries;
· prevents competitors from copying or stealing your technology in other countries; and
· you have the ability to market and license your invention to a wider market.
DON’T’ BE A LIZZIE MAGIE
For many years, the United States awarded the patent to the applicant who could prove that he or she created the invention first. However, the U.S. currently awards the patent to the applicant who files the patent application first.
Have you ever heard the phrase great minds think alike? You should consider the fact someone may have the same idea for an invention as yours. So, you may ask, “If two inventors have the same idea for an invention, who gets the patent?” Answer: the person who files first. It is also important that you file your patent application as soon as possible before you disclose anything, demonstrate your invention publicly or offer it for sale.
So, if you have an invention don’t be a Lizzie Magie and let a Charles Darrow come along and steal your invention by applying for a patent before you do AND get rich from doing so.
Keep in mind that U.S. patent law grants an exclusive monopoly to owners of valid patents. Don’t you think that YOU deserve to have that “Monopoly” on your ideas and inventions. If you wait to file, you may forever lose the ability to obtain a patent. Are you willing to take that risk?
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
#patentmyinvention #patentlaw #lawyer #legal #attorney #lawfirm #lawyerlife #lawyers #trademark #patent #motivation #womeninip #iplaw #iplawyers #womeninbusiness #mochapreneurs #business #work #office #entrepreneur #attorneys #inventor #ahaji #ahajiamos #ahajiamospllc #trademarkpatentattorney #womenbusinessowners
CAN I GET A PATENT ON MY INVENTION?
Can I Get a Patent On My Invention | Is My Invention Patentable | What are the Types of Patents | What Can Be Patented
Can You Get a Patent on Your Invention? Here’s How to Know If Your Invention Can Be Patented
Patents are provided for in Article 1, Section 8, Clause 8 of the U.S. Constitution, which states:
The Congress shall have the power… [t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Do you have an invention that you would like to patent? Do you know if your product even qualifies for a patent?
CATEGORY OF PATENTS
Utility Patent
Patent-Eligible Subject Matter: The subject matter for a utility patent can be a process, machine, composition of matter, manufacture, or any improvement thereof. To secure a utility patent, you must show that your invention is new, useful, and unobvious over the prior art (the previously known subject matter). The term of a utility patent is 20 years.
• Process is a method of treating material to produce a particular result or product. A process can also relate to a new use of a known composition, apparatus or the like.
• Machine is a device in which energy can be utilized to perform a useful operation (e.g., an apparatus with the required mechanical or electrical elements.)
• Composition of matter is a combination of two or more substances (e.g., chemical elements, chemical compounds, or other components).
• Manufacture is a category for the remaining statutory subject matter that is not a process, machine, or composition.
• Computer program.
• Business method.
Ineligible Subject Matter: Certain subject matter is not patentable such as:
• Laws of nature;
• Physical phenomena;
• Abstract ideas;
• Perpetual motion machine (deemed impossible); and
• No patent may issue on a claim directed to or encompassing a human organism.
Before 1998, mathematical algorithms were ineligible subject matter as well. Hence, a patent could not be obtained for a computer program encompassing an algorithm. However, you can get a patent for a machine that includes a programmed computer or for a process that performs a function utilizing a programmed computer. Thus, an algorithm is patentable if it is applied in a useful way. Specifically, if the algorithm is directed to a machine programmed to provide a useful, concrete and tangible result, it is important to note that an algorithm as merely an abstract idea is still unpatentable.
Design Patent
The design of an article of manufacture that is new, original and ornamental also qualifies for a design patent. Some courts have also required some degree of patentable distinction or inventive faculty (comparable to the non-obviousness requirement for utility patents). No description other than a reference to the drawing(s) is required for a design and the term of the patent is 14 years.
Plant Patent
If you invent or discover and asexually reproduce any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings (other than a tuber propagated plant or plant found in an uncultivated state), you can secure a patent on the plant. The description of your invention should be as complete as possible. The term of a plant patent is 20 years.
Patentability
You should investigate the patentability of your invention before you file a patent application to determine whether the subject matter of your device, process, or thing has been previously known to others. The test for patentability is whether your invention is new, useful, and unobvious over the prior art. If you are wondering if your invention qualifies for a patent, contact me today.
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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Ahaji Amos, PLLC
CAN I GET A PATENT ON MY INVENTION?
Can I get a patent on my invention? Your questions about whether your invention can be protected with a patent are answered.
Do you have an invention that you would like to patent, but you do not know how to determine if you can get a patent for your invention? Below are some guidelines that will help you determine if you can get a patent for your invention.
To qualify for a patent, an inventor or applicant must have invented a useful invention that qualifies as patentable subject matter, which is both new and non-obvious.
Who can obtain a patent?
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.
How can I determine if my invention is patentable?
A claimed invention must be eligible for patenting. There are two criteria for determining subject matter eligibility:
· first, a claimed invention must fall within one of the four categories of invention recited in 35 U.S.C. 101, i.e., process, machine, manufacture, or composition of matter; and
· second, a claimed invention must be directed to patent-eligible subject matter and not to a judicial exception (unless the claim as a whole includes additional limitations amounting to significantly more than the exception).
What is a judicial exception?
The judicial exceptions are subject matter which courts have found to be outside of, or exceptions to, the four statutory categories of invention, and are limited to abstract ideas, laws of nature and natural phenomena (including products of nature).
Are there any other restrictions on subject matter that I should consider?
Yes, you should also consider double patenting—which is two patents issuing on the same invention to the same applicant. More specifically,
· the “same invention” means that identical subject matter is being claimed. If more than one patent is sought, a patent applicant will receive a statutory double patenting rejection for claims included in more than one application that are directed to the same invention.
How can I tell if my invention is new?
NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
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
the claimed invention was described in a patent issued, or in an application for patent published or deemed published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The prior art reference must teach and every aspect of your invention either explicitly or impliedly. Any feature not directly taught must be inherently present.
What is considered prior art pursuant to 35 U.S.C. 102?
Remember that your invention must be a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. So, 102 prior art includes anything that can be used to establish the state of technology before you filed your patent application. Below are some examples of prior art.
· any publication such as a brochure
· a magazine article
· a published patent or patent application
· advertising
· a web page
· a public showing of a product
· an offer for sale
· a sale of a product
· prior invention by another
· public or commercial use of a product
· public knowledge of the invention
This requirement excludes “throw-away,” “insubstantial,” or “nonspecific” utilities, such as the use of a complex invention as landfill, as a way of satisfying the utility requirement of 35 U.S.C. 101.Credibility is assessed from the perspective of one of ordinary skill in the art in view of the disclosure and any other evidence of record (e.g., test data, affidavits or declarations from experts in the art, patents or printed publications) that is probative of the applicant’s assertions. (MPEP §2107)
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 , if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
How can I determine if my invention contains non-obvious subject matter?
The reference teachings must somehow be modified in order to meet the claims. Moreover, the modification must be one which would have been obvious to one of ordinary skill in the art.
Yes, the factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
· Determining the scope and contents of the prior art.
· Ascertaining the differences between the prior art and the claims at issue.
· Resolving the level of ordinary skill in the pertinent art.
· Considering objective evidence present in the application indicating obviousness or nonobviousness.
How can I tell if my invention is useful?
Your invention must have a well-established utility. An invention has a well-established utility if:
· a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention (e.g., properties or applications of a product or process), and
· the utility is specific, substantial, and credible.
The patent prosecution process is complex – there are a myriad of rules, statues and case law that are part of patent law. You should partner with an experienced patent attorney to prepare and prosecute your patent application to ensure that your invention rights are properly protected.
Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This article is for information and advertising purposes and does not constitute legal advice. No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients. Ahaji Amos can be reached at ahaji@ahajiamos.com. More information can be found at https://ahajiamos.com.
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WHAT DOES PATENT PENDING MEAN?
What does patent pending mean | patent pending patent application | patent pending status
What Does Patent Pending Mean?
Have you ever watched the reality show Shark Tank where budding entrepreneurs get the chance to pitch their ideas to the sharks in the tank by trying to get any one of them to invest in their ideas? Okay, I guess you know that the contestants are not literally pitching ideas to real sharks, right? The sharks are potential investors who have made their dreams a reality by turning their ideas into lucrative empires. If you have watched the shows, you probably know that the sharks often ask the contestants if they have a patent, and that some of the contestants’ replies are that they have a patent pending. Do you know what it means to have a pending patent? If not, read on—even if you know, read on because you may find some valuable information that you may not know.
What does patent pending mean?
Patent pending means a patent application has been filed with the United States Patent and Trademark Office (“USPTO”) but the patent has not yet been granted, and the application has not been abandoned. Accordingly, patent pending status can be claimed if a patent application has been filed with the USPTO, but the patent has not yet been granted, and the application must not be abandoned.
Patent pending status begins on the day that a patent application is filed and ends on the day that a patent is granted. Patent pending status will also end on the day that an application for patent is abandoned. Typically, patent pending status lasts from one to three years. However, it is not uncommon for certain patent applications to have pending status beyond three years.
Okay, thanks! But what is an abandoned application?
Abandoned simply means that the application is no longer pending and, therefore, cannot mature into a patent.
How can I search for applications that have patent pending status?
Once an application has been published, which is typically 18 months following the filing date of a non-provisional application (earlier if a provisional application was filed), the application is available on the USPTO’s website using Public PAIR. PAIR (Patent Application Information Retrieval) is the USPTO’s web-based means of electronically viewing the status of patent applications and the related documents.
Are there any legal benefits to obtaining patent pending status?
Only an issued patent can provide an owner of an invention with legally enforceable patent rights. Hence, patent pending status does not provide any legally enforceable rights.
Nonetheless, patent pending status can be influential on the decision makers when presenting an invention with patent pending to potential investors, or licensees (as you probably know if you have ever watched Shark Tank).
Moreover, using a patent pending designation serves to notify the public, businesses, or potential infringers who would otherwise copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued on the claimed technology.
EXPIRED PROVISIONAL PATENT APPLICATION - DON'T WORRY!
If your provisional patent application expired, there are options available, including a petition to revive and extend the deadline to file a non-provisional utility patent application by two additional months.
DON’T WORRY, YOU HAVE OPTIONS.
The U.S. Patent law allows an inventor to claim the benefit of an earlier filed provisional patent application IF that application is replaced by a non-provisional utility patent application within one year. Inventors file provisional applications for several reasons. The most common reason is that there is a need to "shop" the invention around before deciding to invest in the utility application filing. U.S. law prohibits the filing of a utility patent application more than 12-months after an invention has been sold, offered for sale, patented, published in a printed publication, or in public use. For this reason alone, it's essential to secure a filing date BEFORE the invention is presented to others. Provisional applications generally cost around $1,000 and have very low filings fees, which are usually only about $70 for most inventors. Utility applications, on the other hand, generally cost 3-4 times as much as a provisional and the costs of the associated prosecution average around $10,000. As such, provisionals offer a great alternative to those who have not yet decided to invest in a utility patent application.
Often, inventors miss the 12-month deadline for filing the utility application. All is not lost. There are options available:
1. There's a 2-month grace period! - A petition for reinstatement may be used to "revive" an expired provisional patent application filed no more than 14 months prior. The cost is high. Fees range from $850-$1,700, just for the petition alone. And, the petition may not be granted if the delay was not clearly unintentional.
2. Don't do anything - If there has not been an activity that would bar the patentability of the invention in a later-filed application, there's no need to worry.
3. File a new provisional - You may file a new provisional that includes that adds more detail or new features to what was disclosed in the previous provisional.
4. Refile the provisional - Again, if there has not been any activity that would bar the patentability of the application, you can merely refile the provisional. Just remember the one-year bar. Just know that the second provisional can't claim priority to the first. You'll only be able to use the filing date of the second in any later-filed utility application. There is some risk that another may have filed a patent application on the same invention before the filing of the second , so it's important to act quickly.
5. File a utility application - If there has been a public use, an offer for sale, a public disclosure, writing describing the invention more than 12 months prior to the filing date of the utility, (or any of ther other bars) then this is not an option.
Ahaji Amos is an attorney at Ahaji Amos, PLLC, and consultant at the Series A Institute. The Series A Institute positions early-stage women and minority-led companies for equity financing through education. Series A multi-day workshops convene start-up businesses, with a focus on women and minority-led start-ups, for training sessions, roundtables, and networking events to assist them in positioning their companies for alternative financing. Through workshop sponsorship opportunities, we provide agencies and established businesses the chance to develop new business contacts, leads, and partnerships, to enhance brand awareness and recognition, to support local start-ups and to fulfill small and minority business commitments. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.
This and all other writings are not legal advice. The writings highlight the services offered by Ahaji Amos, PLLC and are for advertising purposes. You should consult legal counsel prior to making any legal or business decision.
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