Patents are business tools that can be used to prevent competitors from making, using and selling a patented invention. The United States Patent and Trademark Office (USPTO) issues three (3) different types of patents – utility, plant and design patents. A utility patent may be issued for a process, a machine, a manufactured article, a composition of matter, or an improvement of an existing technology provided that the invention (i) has utility, (ii) is novel, and (iii) is non-obvious. A plant patent may be issued for asexually or sexually reproducible plants that are (i) novel and (ii) non-obvious. A design patent may issue for ornamental or aesthetic designs that are (i) innovative, (ii) nonfunctional, and (iii) part of a functional manufactured article. A utility patent has a term of twenty (20) years from the date of application, a plant patent has a term of twenty (20) years from the date of application, and a design patent has a term of fourteen or fifteen (15) years from the date of grant.
It is important to note, patents do not automatically confer the right to practice the invention. Analyzing the barriers to entering a new market often involves a detailed analysis of both the chances of being able to secure patent protection and the chances of exploiting the invention without infringing on another patent holder’s rights. The Humphries Law Firm can provide your company with the tools and advice you need to analyze and minimize these risks. Whether your focus is national or international, we can guide you through the entire patent prosecution process from the initial patentability and operability searches to patent issuance. We are proficient in filing domestic applications and as well as international applications filed under the Patent Cooperation Treaty, to national phase applications filed under 35 U.S.C. § 371 and domestic applications claiming foreign priority under 35 U.S.C. 119. Our firm also assists clients create nondisclosure and confidentiality agreements, patent licensing agreements, and employment agreements. If we can be of service to you, we hope you will not hesitate to contact us.