August 3rd, 2009 at 06:44am
Under trademark law
Obtaining a patent isn’t necessarily that difficult, however understanding patent laws can be very difficult. Many people hire a patent lawyer to make sure they understand patent laws and how to avoid patent infringement.
Some people try to decipher patent laws themselves, but as they progress through the process and realize the remarkably steep financial penalties for patent infringement, many people who were not originally intending to hire a patent lawyer end up doing so anyway. Deciphering patent laws as an individual can be mind boggling.
Avoiding patent infringement is the most important step in attempting to obtain a patent. Obtaining a patent that has already been filed is not likely to happen; however, the patent offices are not responsible for patent infringement. The individual who is guilty of patent infringement, whether intentional or not, is going to be held accountable.
Patent laws, in all of their intrinsic complications, are best left to interpretation by the experts. Especially if it is a first attempt at obtaining a patent, a patent lawyer can help save time, money, and precious brain power. Of course, cutting out a patent lawyer may save money in the early stages, but the cost of a patent infringement lawsuit is typically not worth the few dollars by comparison that it costs to hire a patent lawyer.
Obtaining a patent only to find out that you’re guilty of patent infringement is a waste of everything, time, money, and that precious brain power. It is faster and safer to simply hire a patent lawyer to cut out the possibility of patent infringement.
Patent laws, just like trademark laws or copyright laws, are designed to protect inventors of all venues, large and small. Patent lawyers work equally as hard for large corporate clients as they do for small one time inventors. Everyone has a good idea from time to time, and when a good idea is unique and original, it is always best to work at obtaining a patent to protect the unique integrity of the idea.
Hiring a patent lawyer is just one step in protecting yourself from patent infringement, either committing it or being a party to it. Patent lawyers are remarkably well versed in knowledge that it would take a first time attempt at obtaining a patent. Obtaining a patent for the first time is just as much a learning curve as it is an experience in patent law.
Learning patent laws through experience is a valuable experience, especially with the protected guidance of a qualified patent lawyer. A patent lawyer can literally take you through the ins and outs of patent law safely and accurately without having to risk the horrible damnation of patent infringement.
The likelihood of patent infringement reduces by nearly 80% with the assistance of a qualified patent lawyer. Obtaining a patent for the first or even third time alone increases the likelihood of patent infringement. This is because patent laws change drastically from region to region and from year to year.
While some patent laws cover the entire country, other patent laws are specific to a region or a product or a plant, or something of the like. Each patent category has its own set of patent laws, whether a new plant has been developed or a new computer enhancement has been invented, patent laws for each category are equally as complex as basic patent laws, once again requiring a patent lawyer to help decipher them. Regardless of what type of patent you are attempting to obtain, obtaining a patent with complete guidance is always the better route.
When hiring a patent lawyer, it is a good idea to cover the basics, such as asking questions about their track record with defending or prosecuting patent infringement cases or if any of their clients have ended up being accused of patent infringement despite being represented by a patent lawyer. These things are now easier to check up on thanks to the proliferation of the Internet, which was patented under the guidance of an attorney.
Hiring a patent lawyer is a good decision. Hiring an excellent patent lawyer is a better decision. Don’t be afraid to research candidates just as you would research anything else. The goal is to be successful at obtaining a patent, which is likely if you have an original idea. You want the protection of a high quality patent lawyer to avoid patent infringement, be protected from patent infringement, and to successfully obtain a patent.
July 24th, 2009 at 06:41am
Under intellectual property
News items flooding from our daily information sources on patents, company law suits, intellectual property rights, and the like would make one believe that the system of patenting is quite young. On the contrary, history of patenting dates back to more than five hundred years.
The present day patent concept was first implemented in England in 1449. King Henry VI of England granted a 20 year monopoly to one, John Utynam, on his stained glass manufacturing process. Though, stained glass manufacturing process was prevalent then, in various parts of England, it was the first state-granted limited monopoly for an industrial practice. By 1552, open letters called Letters Patent were issued under the Great Seal of the King, to officers and friends patronized by the Court. These Letters Patent were issued not only on inventions but on industries, too. For example, the stationers enjoyed a privileged monopoly over publishing industry in England. In 1624, the English Parliament under the directions of Sir Francis Bacon, a great thinker of those times, adopted the doctrine of public interest into patenting. It passed the Statute of Monopolies, recognizing the economic benefits through innovation and awarded patents to protect the rights of the inventors for a term of 14 years.
Immigrants from England in search of new shores of opportunity, traveled to the New World that was already discovered by Christopher Columbus. In 1585, authorized with a patent from Queen Elizabeth to claim and colonize the “heathen and barbarous lands”, Sir Walter Raleigh, established the first British colony in North America. Along with the colonizers came the patenting system from England to America. The patenting system was followed provincially within the various British colonies.
In due course of time, the need to protect the interests of the inventors was constitutionally recognized and included in the US constitution as the Intellectual Property Clause. Over the next fifty years, after the US constitution was framed, the US Congress passed the Patent Acts of 1790, 1793, and 1836. These Patent Acts formed the basis for the first legally regulated patenting system. The Patent Act of 1790 was drafted by Thomas Jefferson, the principal author of the Declaration of Independence. The 14 years exclusivity of rights over an invention was retained in this Act, and it was required to submit s along with the applications. Under the 1790 Act patents were issued only to physical inventions that were put into practice and not on ideas.
The patent application examination extended over several months and the granting happened over even longer durations. Between 1790 and 1793 only 57 patents were issued owing to inefficiency at the level of processing patent applications. As a response to the mounting pressure from the inventors the Patent Act of 1793 was passed to make the patent system efficient. Between 1793 and 1836, there was an increase in the number of patent applications. To organize and maintain patents for easy cross examination, the Patent Act of 1836 allowed the publishing of patents and made them publicly available through libraries. The availability of knowledge of an invention from the published patent documents created interest amongst the public. Due to increasing understanding amongst people of the economic value and advantages of inventions, the number of patent applications increased from 765 in 1840 to 21,276 in 1867. A method for grouping similar patents under classes, begun in 1774, was also evolving simultaneously.
In the meantime, in England, the Statute of Monopolies continued to exist for over two hundred years. The Industrial Revolution and the Great Exhibition of 1851 lead to dramatic technological changes that were inefficiently addressed by the Statue of Monopolies. With growing concerns over the state of public affairs, the Government introduced the Patent Law Amendment Act of 1852 and the Patent Office was instituted. In a milestone achievement of the Act of 1902, patent documents from 1855 to 1900 were condensed and classified into 1022 volumes in 146 classes. The present day legislation on patenting follows the Patents Act of 1977.
On the lines of international collaboration, the need for worldwide accessibility to intellectual property systems, including patents, was recognized in the Paris Convention in 1883. The countries entered into the Convention (contracting countries) had accessibility to the IP systems of other countries party to the Convention. Currently there are 171 countries that are party to the Paris Convention. In an effort to provide further international cooperation, the World Intellectual Property Organization (WIPO) was established in 1967. WIPO is a specialized agency of the United Nations promoting the protection of intellectual property throughout the world. The signing of the Patent Cooperation Treaty in 1970, by various countries, has made it possible to file patent applications to protect inventions in each of the contracting country. Presently, there are 184 member countries of WIPO.
On similar lines, the European Patent Convention of 1973 resulted in the establishment of European Patent Office (EPO) that is responsible for granting European patents. The 32 contracting states have entered into a multi-lateral treaty creating an autonomous legal system for granting European patents.
Presently there are about 200 patent offices including the USPTO in US, Patent Office in UK, and EPO for European countries. Patent offices like ROSPATENT and SIPO of Russia and China are as recent as 1955 and 1980. The patenting system is fast growing even in countries like Ethiopia, Afghanistan, Angola and Papua New Guinea. Organizations like WIPO and EPO, additionally are promoting IP protection on a global scale.
Ash Tankha, US patent attorney, works with inventors to develop their ideas into patent application for worldwide filing and patenting. Contact Ash Tankha at
ash@ipprocurement.com or visit
www.ipprocurement.com.
http://puzz3dstore.com;Puzz 3d
July 12th, 2009 at 12:42pm
Under trademark law
The U.S. Patent Office is the warehousing authority on all registered patents and patents which have been applied for. Patent infringement is the use or profit based on a patent which has been registered or applied for, with a grace period of one year.
However, patent infringement can still occur even within the one year grace period. Hiring a patent attorney is recommended for anyone wishing to prosecute a patent violator or for anyone who wishes to go through the process of filing a patent.
It is not necessary to hire a patent attorney to apply for a patent. A patent lawyer is a lawyer who is chronically apprised of all changing patent laws, and who has been well versed in the process of patents and patent infringement.
When patent infringement occurs, a patent lawyer goes through several legal steps in order to file a patent infringement lawsuit. A patent lawyer is not a guarantee of a positive verdict and judgment, but a well versed patent lawyer can typically explain patent law in the easiest possible light for a jury to understand.
This makes the process of hiring a patent lawyer very important, choosing a high quality patent lawyer is the first step in proving patent infringement.
Juries are typically not un-intelligent people, however, patent infringement laws can be rather complicated, and sometimes there is a fine line between what determines patent infringement and what doesn’t.
Patent infringement is not always an open and shut case that is easy to prove. The U.S. Patent Office has willingly turned down over 60% of the applied for patents in a relatively short amount of time on the basis that they would be suborning patent infringement.
The U.S. Patent Office only grants patents to would be new patents and does not split hairs. If it looks like it will be patent infringement, the U.S. Patent Office will turn down a patent request.
Hiring a patent attorney does not necessarily mean that a company is able to prosecute patent infringement. Hiring a patent attorney is only a step in either acquiring a patent or proving that patent infringement has occurred. In cases of trademark violations, hiring a patent attorney also reveals the trademark violations.
Trademarks are not the same as patents, however a patent lawyer can be used for trademark issues as well as patent infringements. Trademark violations are more visual, meaning a logo or an intentional misspelling or any other symbol or details that represent a company, brand, or product.
Patent lawyers cover all the basics of trademark law and patent infringement laws, including copyright laws. These laws combined protect the integrity of a company and its marketing and services.
These laws were put into effect to allow the pursuit of the American dream, to prosper financially from a unique or original idea, and to protect those who search for the development of the betterment of society either through technology, invention, or thought.
Hiring a patent attorney is only on basic step in protecting these rights that were implemented with the basic intention of protecting intellectual and material property brought about by progressive thinkers.
When a company is considering hiring a patent attorney, most often it is to enlist their services to check with the U.S. Patent Office about a potential new product.
However, individual inventors typically do not consider hiring a patent attorney when they are developing a new invention, and they rely on the U.S. Patent Office’s searchable database for their information regarding whether or not they may be flirting with patent infringement.
However, a patent lawyer can be relied upon to search out the U.S. Patent Office’s database for either a large company or an individual inventor. This can help prevent instances of patent infringement, a crime that our society doesn’t really hear that much about.
Patent infringement is something that most Americans are aware of, but are certainly not well educated about, especially the specifics that patent lawyers have spent years mastering, and thus it is not always relevant to the average American citizen.
However, every now and then an average citizen believes they have an excellent idea and they attempt to file for a patent. To avoid the potential for patent infringement, these individuals would do themselves a service if they consider hiring a patent attorney.
Patent lawyers are quite capable of providing guidance for the small inventor, the one time inventor, as well as large companies with on staff full time company inventors.