What is a Patent
If you have an idea—whether formed out of necessity or a creative accident—a patent is usually the next step to consider. This is crucial to protect your idea before it turns into an invention that can be useful to millions. Patentable ideas can come from individual inventors or teams working for large international corporations. Some patents can even be passed down through family connections. Wherever the idea originated, it can lead to a very successful invention, and the only way to ensure your idea is protected is to determine which type of patent you need to obtain.
Greenberg & Lieberman don’t stop there, they will help you file, arrange and monitor your patent. The right patent law attorney is critical in making sure each of these steps are followed and filed correctly. Once an invention becomes patent pending through the filing of a patent application, the inventor is on the road to a potentially lucrative endeavor that is quite possibly unique and can become legally protected thus the need to involve a patent law firm. Contact one of our top patent application attorneys today.
Types of patents
The three types of patents are:
- Utility
- Design
- Plant
Utility Patent
A utility patent is the best-known patent application. Utility Patent which protects something with a function like tools, games, toys, electronics, vehicle parts, and high and low-tech devices is very common among IP law. At this step it is critical to involve a patent application attorney. Our registered patent attorney, Michael L. Greenberg, has filed utility patent applications relating to online business methods, stock market prediction methods, traditional business methods, and certain types of software. He is a great asset in patent counsel. A design patent is primarily based on the design or look, not function: A Design Patent protects the look and feel of an item but not its function.Lastly, a plant patent is a powerful tool. Researchers expend time and money producing new or original varieties of plants via asexual reproduction. This is a specialty patent that can become a powerful tool in the right situation on a global scale.
Design Patent
A design patent primarily focuses on the design or look of an item, rather than its function. A design patent protects the visual appearance of an item but not its utility.
Plant Patent
A plant patent is a powerful tool for researchers who spend time and money producing new or original varieties of plants via asexual reproduction. This is a specialty patent that can be a valuable asset on a global scale.
How to file a Patent Application
Should your idea fall under any of these categories, you can file for a patent. Greenberg & Lieberman clients range from solo inventors to corporations around the world, helping them determine whether their ideas can be patented in any of these areas.
Greenberg & Lieberman, LLC are Intellectual Property Lawyers for decades and are recognized across the United States and Internationally as one of the leading litigators of Intellectual Property Law. Contact us today if you have questions about your IP Rights or believe your intellectual property rights have been infringed.
We provide:
- Individual Attention: As a boutique law firm, we focus on providing personalized attention to each client. We take the time to listen to our clients carefully and develop a legal strategy to further their interests.
- No Delays: Whether it’s licensing or registration, our lawyers ensure there are no delays, errors, or oversights that prevent you from obtaining patents for your work.
- Extensive Experience: Our experienced patent attorneys have dealt with a variety of cases, giving them exposure to all types of patent laws.
Generally, courts consider four factors in patent infringement cases to determine whether the use of a patented invention is permissible:
- The purpose of the use
- The nature of the work
- Whether the patented work is used as a whole
- The consequences of the misuse of the original work
Yes, if you have a registered patent, you have the right to sue for infringement. However, if your patent is not registered, there can be some restrictions on suing another party. For example, while you can register your invention at any time, if you register after an infringement, you might lose the right to statutory damages. However, if the patent is registered within three months of publication and before the infringement, you may still be awarded statutory damages.
Any invention that falls under the categories of literary, musical, architectural, choreographic, cartographic, pantomimic, graphic, pictorial, audiovisual, sculptural, and dramatic works can be patented under U.S. law.
The time period for patent protection varies. For works created before 1978, different timelines apply. For works created after 1978, the patent term lasts for the author’s life plus 70 years. For multiple authors, the term extends to 70 years after the death of the last surviving author. For anonymous or pseudonymous works, the term is 120 years from creation or 95 years from publication.
To claim infringement, you need sufficient proof that your patented invention was reproduced without authorization. Courts consider the quality and quantity of the copied work. For example, if a large part of your invention is copied but is unoriginal, it might not be considered infringement. However, if a small but significant part is copied, it could be deemed infringement.
